ISLAMABAD: The Sup­reme Court will take up on Thursday (Aug 31) a plea seeking a declaration that the police should treat the issue of missing children as a cognisable offence.

Headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, a three-judge bench — also consisting of Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhel — will take up the petition moved by senior counsel Shabbar Raza Rizvi on behalf of the Roshni Research and Dev­e­lop­ment Welfare Orga­nisation from Karachi.

The petition has sought a direction to amend the relevant laws by the federal and provincial governments and to establish special courts.

The petition cited Section 364-A of the Pakistan Penal Code (PPC), which says that whoever kidnaps or abducts any person under the age of 14 to murder or subjected to grievous hurt or slavery will be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to 14 years.

The police officials take advantage or lacuna in the law and always avoid registration of the case because the vital words in the section are kidnapping or abduction besides the law mentions the age of 14 years to attract the section.

Thus, when an unfortunate person approached any police station to register the case of the missing child, the petition regretted, the routine reply of police officer was that “disappearance” was not mentioned in any provision of the PPC.

Like Karachi, the petition says, the situation in other provinces such as the Punjab was not less horrendous and, therefore, immediate indulgence of the Supreme Court was needed to enforce the fundamental rights of the public, the petition said.

Published in Dawn, August 26th, 2023