Constitution holds PM responsible if he shows helplessness: State was involved in enforced disappearances: IHC CJ

ISLAMABAD: Expressing displeasure over the non-implementation of the court order, Chief Justice of the Islamabad High Court (IHC) Justice Athar Minallah Friday remarked that the State was involved in the practice of enforced disappearances and if the prime minister is helpless in this matter then the Constitution holds him responsible.

The IHC chief justice made the remarks while hearing five identical petitions for the recovery of missing persons including journalist Mudassir Naro and summoned the Attorney General for Pakistan (AGP) to appear before the court in person at the next hearing.

The IHC CJ in the last hearing had directed the federal government to issue notices to General (retired) Pervez Musharraf and all other successive chief executives i.e. former prime ministers, including the incumbent prime minister.

During the hearing, Justice Minallah stated that police were involved in extrajudicial killings while government agencies were blamed for abducting people, adding everyday people are being disappeared but no one bothers. If the prime minister is helpless, then the constitution holds him responsible.

He lamented that the federal government had not taken missing persons’ cases seriously. He asked the deputy attorney general why people were still being “picked up” and what steps the federal government has taken, and who is responsible for it.

The deputy attorney general replied that the federal cabinet had constituted a committee on missing persons and would make recommendations on missing persons’ cases.

Justice Minallah asked him whether the government had taken affidavits from former chief executives, including former president General (retired) Pervez Musharraf. The deputy attorney general stated that the affidavits were under the purview of the attorney general and he is currently abroad and if given some time, will present arguments on this issue.

The chief justice expressed his disappointment with the conduct of the state and remarked that relevant parties were not giving the issue apt significance. He added that today, the federal government has proved that it is not serious about such a big issue.

The IHCCJ remarked that it appears that the government has failed to act on the court orders and directed the government to ensure the implementation of the May 25 court order. The bench also directed the government to investigate the cases of the missing people.

The chief justice said you are proving that disappearing people has been the policy of the state since the days of General Musharraf. The judge reminded the DAG that the court had ordered that notices be served on former President Musharraf and all subsequent prime ministers. He asked where these notices and affidavits were.

The IHC chief justice stated that it was a critical issue, but the government’s response was appalling. The court then directed the Interior Ministry to ensure implementation of the May 25 order and said that no further adjournment would be given in the case and the parties should prepare arguments.

Later, the bench deferred the hearing until July 4.

Copyright Business Recorder, 2022