State has failed in the recovery of missing persons; we are standing where we started from: IHC Justice Mohsin Akhtar Kayani

ISLAMABAD, Jan 30 (SABAH): Islamabad High Court Judge Justice Mohsin Akhtar Kayani has stated that the state has failed in the recovery of missing persons; we are standing where we started from. This case will end when all the individuals are recovered.

A larger bench heard the petitions regarding the recovery of missing persons in the Islamabad High Court. The hearing was conducted by a three-member larger bench, led by Justice Mohsin Akhtar Kayani. Justice Tariq Mehmood Jahangiri and Justice Arbab Muhammad Tahir are part of the bench. The petitioner’s lawyer, Imaan Mazari, and Additional Attorney General Munawar Iqbal Duggal appeared before the court.

Justice Mohsin Akhtar Kayani remarked that his stance was to summon the committee members of the intelligence agencies for an in-camera briefing. However, his fellow judges believed that the federal government should be given an opportunity first. The head of the Enforced Disappearances Inquiry Commission, which was led by one of our judges, has passed away, and the commission is not functioning. The federal government is doing nothing, so eventually, someone must take action.

Justice Mohsin Akhtar Kayani remarked that if the Enforced Disappearances Commission is not functioning, then he believes it should be shut down. The subcommittee of the cabinet did not include any members from the intelligence agencies. My fellow judges’ position was that the federal cabinet should directly call in the intelligence agencies and question themselves. This work could be done by the Minister of Defense and the Minister of Interior, who are not present before us.

The Additional Attorney General argued that the committee will also look into compensation payments. For those missing for the past five years, the committee will first call their families. A meeting of the cabinet’s subcommittee took place on January 8.

Justice Mohsin Akhtar Kayani remarked that the court cannot tell you this; you have to inform us. If someone is involved in terrorism or anything else, let us know, but there have been no results so far.

The court asked if there had been any recoveries since the last hearing. In response, the Additional Attorney General and representatives of the Ministry of Defense said that they were not aware of any developments.

The Additional Attorney General requested an extension of time on behalf of the federal government.

Justice Mohsin Akhtar Kayani declared all progress in the missing persons cases to be futile and said, “I have to answer the families sitting in my court. The state has failed to recover people. We are standing exactly where we started. This case will end when all the people are recovered. This is a case of human rights violations, and it brings disgrace to the country.”

Lawyer Imaan Mazari stated that the Attorney General had given assurances to this court, but these assurances have been repeatedly violated. A 15-year-old child was abducted from Khuzdar, and despite the Attorney General’s assurances to the court, there have been violations of judicial orders.

Justice Mohsin Akhtar Kayani responded, saying that it is the law enforcement agencies that must address the concerns of the families of the forcibly disappeared individuals.

The larger bench of the Islamabad High Court has summoned Attorney General for Pakistan Mansoor Usman Awan in person on the next hearing of the case. Subsequently, the hearing of the missing persons’ recovery cases was adjourned until March 6.