ISLAMABAD: The Supreme Court said on Thursday it intended to proceed under criminal laws against the officers concerned of police or intelligence agencies charged with picking up people who had not yet been traced. A three-judge SC bench asked the court office to prepare, with the assistance of the attorney general’s office, a list of cases in which relatives of the missing persons accused police or intelligence agencies of involvement in the disappearance of those citizens who still remained untraced.
“This will help the court order an appropriate legal action against the responsible persons or officers under criminal law,” the court said in its order after a lengthy hearing.
The bench comprised Justice Raja Fayyaz Ahmed, Justice Anwar Zaheer Jamali and Justice Asif Saeed Khosa
The bench ignored a submission by Interior Secretary Qamaruzzaman about the government’s intention of setting up a tribunal comprising superior court judges to probe the matter of missing persons.
“In our estimation this will not be fruitful, especially in view of the submissions made by the other side that the horrible experience of lifting persons by certain intelligence agencies, with or without the help of police, in the dark hours of the night have not yet abated, rather increased tremendously,” the court observed.
The court noted that Defence of Human Rights chairperson Mrs Amina Masood Janjua, who has been campaigning for the release of detained persons, including her missing husband Masood Janjua, had filed an update suggesting instances of cases which took place even after the submission of a report recently by the Commission of Inquiry on missing persons.
The court ordered that copies of the document be provided to the interior secretary and Defence Secretary Athar Ali. The defence secretary informed the court that a roadmap was being worked out to resolve the problem and meetings would be held with the heads of intelligence agencies to trace the missing people.
The court regretted that nothing new had come before it and the issue was stuck at the point where the court had taken cognisance, barring some efforts which led to the tracing of a few persons allegedly picked up by intelligence agencies.
“It is alarming that despite repeated warnings and observations by this court that law and constitutional guarantees are being flouted flagrantly and consistent exercising of restraint by it from taking direct action against persons or the agencies concerned, the complaints of citizens regarding cases of missing persons have not yet abated, rather increased tremendously. This needs to be checked under the law,” the court order observed.
However, the court praised intelligence agencies for their efforts to curb terrorism and for rendering sacrifices to check elements threatening the survival of the country.
“Their sacrifices have always been supported and commended by all citizens as well as by this court, but we still observe that the Constitution requires that no one was above the law. Besides, it is the right of the near and dear ones of the missing persons to know at least the whereabouts of their beloved,” the court said.
Justice Khosa observed that the court did not want that dangerous people or terrorists should be let loose on society, but opposed treating the agency people differently.
“Here we have no Guantanamo Bay,” he said, adding that credit earned by the agencies for combating terrorism would soon turn into discredit if the disappeared persons were not traced.
“The Constitution should always be supreme,” Justice Khosa said. “When disciplined forces start violating the law, then what to expect of others,” Justice Fayyaz wondered.
The court summoned Attorney General Maulvi Anwarul Haq on Friday for a discussion on demands for making public the report of the commission on missing persons because he had claimed certain portions of the report were confidential.
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