ISLAMABAD: The Supreme Court on Monday took exception to the absence of a government law officer during the hearing of a missing persons case. The judges then recalled how high courts in the United Kingdom treat habeas corpus petitions.

“They suspend routine work to give priority to such cases by taking up petitions for securing the release of persons if they are in illegal detention,” observed Justice Ejaz Afzal Khan while heading a three-judge SC bench, which included Justice Maqbool Baqar and Justice Faisal Arab.

The observation came when no law officer from the government’s side turned up in the court when the case was taken up. The bench then ordered the court’s assistant to call someone from the attorney general’s office.

Consequently, Additional Attorney General (AAG) Mohammad Waqar Rana appeared and sought time to explain why Deputy Attorney General (DAG) Sajid Ilyas Bhatti, who usually appeared in the missing person cases, wasn’t available as he had to go abroad.

Apex court postpones further proceedings to Wednesday

The court observed that the AAG was “the most enlightened person” and he must know what priority high courts in the UK accorded to the habeas corpus petitions.

“We had given the DAG time to submit a report about the status of those who had been interned at different internment centres,” Justice Khan said as he wondered if this was how the state treated such cases.

“We are concerned,” the court observed, “that those who have gone missing and interned somewhere without any case should be released forthwith because their detentions were unjustified.”

Amina Masood Janjua, the chairperson of the Defence of Human Rights, informed the court that she had not been handed over any report and regretted that many persons, who had gone missing and returned, complained about torture, but nobody listened to them.

The court assured Ms Janjua that it would listen to her grievances and if “we feel that the response from the government is not satisfactory, we will proceed”.

However, in its order the court dictated that the AAG had understood the gravity of the missing persons issue and would respond to the matter in two days.

The court postponed further proceedings to Wednesday.

Published in Dawn, March 27th, 2018