Enforced disappearance is a clear violation of the Constitution: Hamid Mir
ISLAMABAD, May 29 (SABAH): Senior journalist and anchorperson Hamid Mir has submitted reply on the direction of Islamabad High Court Justice Mohsin Akhtar Kayani regarding the issue of the enforced disappearances.
Hamid Mir in a response submitted in the court wrote “Justice Mohsin Akhtar Kayani through his order of May 25, 2024 asked my opinion about the positive and negative impact of reporting on the cases of enforced disappearances. Honorable court wants to know how this kind of reporting can protect the basic rights of the citizens and if there is any law which restricts reporting about the cases of enforced disappearances”.
Hamid Mir wrote that enforced disappearance is a clear violation of the constitution. Reporting the cases of enforced disappearance is a professional duty of every true journalist. This reporting breaks the barriers of fear that exists in the cases of enforced disappearances.
He said, “I am an active journalist since last 35 years and I have noticed that some powerful state actors always try to discourage media from speaking about enforced disappearances because this reporting exposes a state within state which has no respect for the article 10 of the Constitution. This article says that any person who is arrested and detained by any law enforcement agency shall be produced in a court of law within a period of 24 hours of such arrest.”
He further said, “I am a witness of a case in which Supreme Court of Pakistan summoned IG FC Balochistan Major General Ubaidullah Khattak and played CCTV footage of FC men arresting three Baloch boys in Quetta. Two police officials who were serving in Quetta gave statements against FC in the court as eye witness. I reported that case by saying that two police officials who belong to Punjab became witness against the disappearances of three Baloch boys and gave a message that people of Punjab love their Baloch brothers and sisters.”
Hamid Mir wrote many journalists like Hayatullah Khan, Musa Khankhel and Saleem Shehzad were disappeared and killed. Another journalist Mudassar Narro is missing since 2018. That is why journalist community understands the pain of enforced disappearances. Reporting about the cases of enforced disappearances pushed the parliament to start a debate on this issue and finally both houses of the Parliament passed a bill to criminalize enforced disappearances in 2022. Criminal Laws Amendment Bill 2022 was debated in the parliament again and again because it was a matter of public importance. If parliament can debate this issue then media can also report a case of enforced disappearances in any court of law.
Hamid Mir wrote reporting the cases of enforced disappearances actually promotes accountability of state institutions and importance of rule of law.
Hamid Mir further wrote there is no negative impact of reporting these cases.
He said that Article 19 and 19-A ensures freedom of press and access to information.
Hamid Mir wrote in the reply, Article 4(3) of the PEMRA Code of Conduct says “programs on sub-judice matters may be aired in informative manner and shall be handled objectively.”
Hamid Mir further wrote strict implementation of the constitution of Pakistan can resolve the issue of enforced disappearances. Parliament of Pakistan passed criminal laws Amendment Bill 2022 to end enforced disappearances. Unfortunately there is no implementation on this law so the burden is on the shoulders of honorable courts. They have to enforce article 10 of the constitution in its true spirit.