Daily Times

Chief Justice of Pakistan (CJP) Qazi Faez Isa underscored the Supreme Court’s resolve on Tuesday to conclusively address the issue of missing persons and enforced disappearances, and said that it should be solved “once and for all”. However, he cautioned against politicising the matter. “We cannot grant you permission to make the matter political.” Earlier in the day, Baloch protestors announced a shutter-down demonstration for today (January 3) across Pakistan, stating that government officials have been trying to label the Baloch Yakjehti’s Committee’s (BYC) long march and demonstration in Islamabad as “propaganda”. The hearing was presided over by CJP Isa with Justice Musarrat Hilali and Justice Muhammad Ali Mazhar completing the three-member bench. The proceedings were broadcast live on the apex court’s website and national news channels. As the hearing commenced, Justice Isa emphasised the importance of collective responsibility, the CJP said “This country belongs to all of us, even those who may have other points of view”. “This matter will only be resolved when we all work together and take responsibility. Let’s make Pakistan strong from within. If Pakistan is strong from within, no outside forces can touch it.”

Petition Khushdil Khan Malik prayed to the court for instructions to the government to enact legislation on the issue of missing persons. Justice Mazhar stated that a commission related to enforced disappearances has been formed.

The petitioner argued that the Commission of Inquiry on Enforced Disappearances was formed under the chairmanship of Justice (retd) Javed Iqbal, but has not made much headway so far. He further prayed that a notice should be issued to the government regarding its lack of action in enacting the said legislation. The chief justice observed that the court does not have the authority to order the parliament to enact legislation and inquired under which article of the Constitution can the court take such a step. He maintained that all institutions of the country need to stay within their constitutional limits.

Justice Mazhar added that the court does not have the power to legislate and can only declare enacted legislation null and void if they are contrary to the Constitution. When former senator Aitzaz Ahsan’s lawyer, Shoiab Shaheen took the rostrum, the CJP stated that he was not Ahsan’s council, to which Shaheen stated that as Latif Khosa’s son was under arrest, he had been given the power of attorney. The CJP then remarked that he is hearing the petitions after dismissing objections as it is a matter of public interest and added that there were developments in his absence, hence the petitions were fixed for hearing as soon as he returned. The CJP was likely referring to the Baloch long march which faced a brutal police crackdown as it attempted to enter the federal capital to hold a sit-in for the recovery of missing family members.

Raising reservations against the commission of inquiry, Shaheen said that it has not worked effectively. When asked which government was in power when it was formed, he was told it was formed in 2011 under the PPP government’s tenure. The CJP then remarked that Ahsan was himself part of the PPP, and does he want to suspend the notification for the commission’s formation. Shaheen replied that according to the commission, 2,200 people were still missing. The counsel then raised the issue of the disappearances of AML chief Shiekh Rashid, Sadaqat Abbasi and others. CJP Isa asked if all the individuals mentioned by the counsel had become petitioners to the case. and if not, why was the counsel trying to politicise the case. The CJP maintained that the apex court is approaching the issue with utmost seriousness and the court would not be used for political purposes as the counsel named individuals from a single political party.

Shaheen then shifted the argument to a bill presented by then-human rights minister Shireen Mazari, which allegedly went missing. When Justice Isa asked if Mazari then resigned in protest from the ministry and added that the issue originates from the fact that when people hold office, no individual takes responsibility. CJP Isa further stated that the counsel should also make Chairman Senate Sadiq Sanjrani a party to the petition since hi mentioned the ‘missing’ bill. The counsel replied that he did not possess a copy of the bill when the bench asked to see it. Referring to the mention of missing journalists, a point earlier raised by Shaheen, the bench asked if Imran Riaz was still missing and inquired if he was not an influential individual. The court also asked why the names of Matiullah Jan and Asad Toor were not mentioned.

The bench also asked the counsel if he had prepared a list of names of missing individuals according to the dates they were reported missing.