Missing persons case: Supreme Court summons defence, interior secretaries

The Supreme Court on Wednesday summoned two senior government officials after they were failed to implement the court's orders. Justice Javed Iqbal, heading a three-member bench of the Supreme Court directed the Secretary Ministry of Defence and Secretary Ministry of Interior, to appear on June 25 in the court.
They were asked to explain as to why a detained person (Imran Munir) was not given the right to hire the service of a defence lawyer. Counsel for Imran Munir, Mujib Pirzada said that he was not allowed to meet his client in the detention, as it is the order of the court to allow him to meet with his client. National Crisis Management Cell Deputy Director Colonel Javed Iqbal Lodhi (Retd) informed the court that Imran Munir has been sentenced to 8 years imprisonment under Field General Court Martial (FGCM) on spying charges, and presently he is in district Jail Jehlum.
The father of Imran Munir had complained in the court that his son has been tried in a military court without giving his the right to have a defence lawyer. The court last month ordered the government to allow Munir to hire a defence lawyer but the government did not implement the order.
On the last date of hearing Munir's father told the court that his son is in a very bad condition and he may not survive if he was not provided medical treatment. Mujib Pirzada said that dignity of the court has been violated as the government has failed to comply with the orders of the court.
Justice Javed Iqbal remarked that nobody is above the law and every thing has to be done in accordance with the Constitution. The court also directed the Deputy Attorney General Tariq Khokar to prepare a medical report regarding the health condition of Imran Munir.
The Director Co-ordination, Crises Management Cell, Colonel Javed Iqbal Lodhi (Retd) informed the Supreme Court that five more of the remaining 156 missing persons have been traced. Deputy Attorney General (DAG) Tariq Khokar informed the apex court that out of five traced persons, one Mehruddin Marri is a free person and present at his residence in Badin.
The DAG said that another three men Asaif Bladi, Chetan Kumar and G.M Bhgat are absconders in Explosive Act. He said that a challan has been filed against these people in the Anti Terrorist Court Hyderabad on 24-30-2007.
However another man Imran Ali Naqvi is detained under Security of Pakistan Act. Colonel Javed Iqbal Lodhi (Retd) informed the court that they are arranging the meeting of Imran Ali Naqvi with his mother as she has given an application.
He said that 107 persons from the list of 254 missing persons have been traced so far. Justice Javed Iqbal said that as the matter of the missing person is very serious so Director General Crises Management Cell Brigadier Javed Iqbal Cheema (Retd) has to be present in the court on every date of hearing. About Haji Daud Mengal, DAG said that he is detained in Karachi jail and an FIR has been lodges.
DAG said that wife of Khalid Kawaja has filed an application that her husband is in a critical condition and the High Court has already ordered to release but still he is not released yet. On which the court ordered that he might be released if he is not involved in any other case.
About Faisal Faraz, Deputy Attorney-General Tariq Mahmood Khokar told the bench that a FIR had been registered at a police station in Lahore in compliance with the court's order but the police were clueless about his whereabouts, despite contacting the Tableeghi Jamaat centres in Peshawar and Lahore. Faraz's companion Masood Janjua could also not be traced, he said.
At this Janjua's wife Amina Masood told the bench that Major General Shafqaat of the army had told her father-in-law last year that her husband was alive and in custody. This disclosure is an admission to the fact that her husband was being held by intelligence authorities, she said.
She said Director General Crises Management Cell Brigadier Javed Iqbal Cheema (Retd) told her that he can't do any thing in the case as he is helpless. "If they are helpless then only the United States is power who they are handing over these persons", she said. "Pakistan is a sovereign state and we are not helpless", Justice Javed Iqbal remarked.
SP investigation Babar Bakht informed the court that every effort has been made to trace Masood Janjua and Faisal Faraz but so far they are not traceable. The court ordered Secretary Ministry of Defence, Secretary Ministry of Interior and Director Crises Management Cell to prepare a concise statement about the whereabouts of Masood Janjua and Faisal Faraz and submit in the court. About Hafiz Abdul Basit the DAG said that DPO Faisalabad who was summoned to appear in the court to explain as to why Hafiz Basit was handed over to Military Intelligence without any charges, cannot appear before the court on medical grounds.
The court ordered, the then DPO of Faisalabad Muhammad Amin Vence and DSP Tariq Mehammod to appear in the court on next date of hearing and explain how he was picked up. About Attiqur Rehman the DAG said that he is not traceable. Counsel of Attiqur Rehman, Ikram Chaudhry said that his client was picked by the police and then handed over in the custody of army.
The court ordered the Inspector General, NFWP to prepare a report in the case of Attiqur Rehman and submit it in the court after two weeks. Fakhrudin G Ibrahim counsel for the Human Rights Commission of Pakistan (HRCP) says it has identified 200 cases of "missing" people who it believes are in the custody of the security agencies.
He said the families of missing people are going through agony. "Some body should be responsible for the detention of these persons", he said. Many of those released from custody have alleged that they were held by military intelligence agencies. Their relatives allege they are being held either by the Inter-Services Intelligence (ISI) agency or Military Intelligence (MI).
Judge Javed Iqbal said that list of the missing persons is expanding as the time is passing and there is a need to form a permanent bench of the court or a special committee to look into the cases of the missing persons. Last year, human rights organisation Amnesty International criticised Pakistani intelligence officials. It said they were abducting people with little or no proof of al Qaeda connections and selling them to the US. The court adjourned the hearing till July 4.