KARACHI: The Sindh High Court has directed the provincial authorities to inform it about the compensation policy for the families of missing persons till March 10.

Headed by Justice Mohammad Iqbal Kalhoro, a two-judge bench also asked the authorities to confirm the status of six missing persons if they also fell in the category of enforced disappearance.

When the bench took up for hearing around a dozen identical petitions seeking recovery of missing persons, amicus curiae Jibran Nasir informed the bench that there were 13 missing persons in those petitions who were gainfully employed and had gone missing many years ago.

Therefore, he argued that the state was under constitutional obligation to provide compensation to their families, adding that he had already provided relevant details in the light of the previous order.

According to the order, “He further submits that out of 13 missing persons, cases of seven missing persons have been declared by the JITs [joint investigation teams] as state enforced disappearance, while in regard to remaining missing persons, various meetings have been held, but still their status has not been confirmed.”

He requested the bench to issue directive to the authorities concerned to determine the status of the remaining missing persons.

Additional Advocate General Shaharyar Mahar sought time to obtain instructions from the provincial government to provide compensation initially to at least the families of seven persons, whose cases have been declared as enforced disappearance in line with the directions of the Islamabad High Court (IHC).

He contended that the order of IHC about the compensation to the families of the missing persons had been challenged before the Supreme Court.

However, the SHC granted last chance to the law officer to inform it about the compensation policy and adjourned the hearing till March 10.

Last year, the bench had proposed that the families must submit details about the earning, if any, by the missing persons at the time they went missing, along with household expenditures being incurred by the families so that those details could be verified and a proper order in that regard passed.

Earlier, the SHC had put the secretary of the social welfare department, director of the Baitul Mal and human development secretary to apprise it as to how the families of the missing persons could be provided financial assistance.

It had also directed the federal and provincial law officers to assist the court in such cases where the family heads had gone missing and families were suffering due to financial crises.

Enforced disappearance task force

The provincial law officer on Tuesday informed the same bench that in compliance with an earlier order, a draft had been prepared by the Sindh advocate general (AG) office and home department for constitution of an enforced disappearance task force to exclusively focus on the cases of missing persons.

AG Salman Talibuddin submitted that the proposed draft had been filed in court for its approval. The bench adjourned the hearing till March 30, after the lawyer for petitioner sought time to go through the draft.

Earlier, the bench had expressed dissatisfaction over stereotype reports filed by police in missing persons’ cases and directed the provincial authorities to constitute an enforced disappearance task force to exclusively focus on such cases.

Published in Dawn, February 24th, 2022