'Parliament has to determine role of state agencies through legislation': Jamaat-e-Islami leader speaks about missing persons

Parliament has to determine the role of state agencies through legislation and no person shall be given in foreign custody without the permission of High Court of the concerning province.
"Doors of state agencies should be closed if they are performing wrong and taking the people into custody sans any legal authority through proper legislation. The issue of missing persons is not new, as the practice is going on since decade, making the lives of their near and dear ones miserable.
Even a mother of three, whose sons were missing for years died at last, as she could not resist seeing the condition of her two sons, who gave her the news that their third brother died in the custody of state agencies, who made us emotionless," Senior Parliamentarian Senator Professor Khurshid Ahmed of Jamaat-e-Islami (JI) expressed these views while talking to Business Recorder on Tuesday.
Professor Khurshid said that for the purpose of legislation, he presented a Constitution (Amendment) Bill, 2012 in the Senate on Monday to determine the role of state agencies. He said that the issue of missing persons is lingering on for last more than 10 years in the country. My party had moved similar bills in 2006 in the National Assembly and 2009 in the Senate, but the government did not pay any heed or took it seriously-what to talk of approval.
In the era of dictator General Musharraf (Retd), many people were kidnapped by the agencies and handed over to the foreign country to earn some dollars as an animal has more value as compared to human being. Musharraf himself admitted practice of people going missing in his book "In the line of Fire."
"Forced disappearance through Intelligence Agencies or otherwise has taken the shape of state terrorism. Hundred of Pakistanis are allegedly kept in the custody of state agencies without any opportunity of being heard at any judicial forum; while their families never know anything about the whereabouts of their loved ones. Recently some very violent incidents have taken place, the trial of which goes to the agencies," he said.
Professor said that there is no justification of such a role of state agencies in any part of the civilised or Islamic society. "It is shameful for the government that it is mum on taking any step for the recovery of missing persons," he said. He further said, "it is necessary to cut short the powers of Intelligence Agencies in case of preventive detention to a reasonable limit and ensure the right of fair trial to each and every detained person."
He said that this Bill binds the detaining authority to establish contact between the detainee and his family within one week after his detention; as it obligates the presentation of such person before competent judicial authority within a maximum period of one month for defence. Presently, the expression of "the earliest opportunity" being vague is widely misused by state agencies, he said.
He said that the purpose of the Bill was that the Review Board shall consist of sitting judges of superior judiciary to ensure complete transparency and impartiality. It also seeks to abolish the illogical practice of non-disclosure of facts and non-production of relevant documents before the Review Board constituted by the High Court or Supreme Court under the Chairmanship of a serving member of superior judiciary, he said.
He said that in case, a person is detained without affording him the opportunity of fair trial and without informing his relatives or any of his rights is infringed, the authority making order of preventive detention and persons carrying out such illegal order shall be deemed to have committed the offence of abduction or wrongful confinement and shall be tried in the Court of law.
He said hat there is addition in Article 9 of the Constitution of Pakistan, handing over Pakistani citizens to foreign countries without permission of the High Court of the province concerned is sought to be prohibited. This proposal is aimed at abolishing the shameful practice that has brought bad name to the country as it has irreparably damaged the dignity of Pakistani nation, he said.