That courts are the ultimate guardians of the constitution should not mean Pakistan’s higher judiciary is responsible for playing mother hen to its executive. Reading out the constitution to those who draw their authority from the holy grail reflects a sad, sad turn of our affairs.
When governments after governments failed to lend an ear to the families of those who have mysteriously gone missing in the last few decades, Chief Justice Athar Minallah’s gavel decided to remind them of the repercussions of violating the most fundamental right–right to life–under their watch. Summoning premiers from Pervez Musharraf all the way to incumbent Shahbaz Sharif could not have been an easy move, especially in a case that is used to being tossed around quarters.
Former martial law administrator is bound to be grilled the most because of unforgettable evidence filed in his autobiography. If he was brave enough to admit the “undeclared policy” before the whole world, he might whip up some answers to satisfy the court of his innocence.
CJ Minallah should be appreciated for repeatedly talking about the elephant in the room: cases of enforced disappearances were tantamount to treason. Last month’s protest by crestfallen Shia families as they stood under the blazing sun in their pursuit of the whereabouts of their dear ones (some gone invisible a decade ago) could have been easily dismissed amid the heated hullaballoo over who got to press the big red button of power. Although Sindh High Court and Islamabad High Court are doing more than their fair share to force the government to direct its attention to this scourge, nothing appears to have done the trick.
Simply hinting at diplomatic channels without demanding answers from the law enforcement agencies further fans the flames of nationalist grievances. What became of the historic “missing persons bill,” which was on its merry way to the upper house? When the said agencies themselves do not believe in operating behind closed doors and toot the horn of “militant hunting,” shouldn’t they at least hold the responsibility of producing the accused before courts? Surely, in the eyes of Lady Justice, everyone is innocent until proven guilty. It is high time the authorities also decide to give these institutions a chance. After all, there has to be a limit to finding bullet-burned dead bodies. The heart-wrenching cries of those near and dear to these victims are in desperate need of a messiah. *