Islamabad: The Constitutional Bench of the Supreme Court remarked during the hearing of the missing persons case that the issue should be resolved by calling a general or joint session of Parliament.
The Constitutional Bench issued notices to the Attorney General, the Ministry of Interior and other parties in the missing persons case and sought reports from all relevant institutions.
During the hearing, Justice Jamal Mandokhel said that in my view, the case of missing persons is very important, cases of missing persons are being processed in the High Courts and the Supreme Court, people’s lives are at stake, thousands of people are missing. Politicians like Aitzaz Ahsan Latif Khosa are standing here, this issue should be resolved by the Parliament.
Deputy Attorney General Javed Iqbal argued that the issue of missing persons was discussed in the cabinet yesterday, the cabinet has formed a sub-committee which will present its recommendations to the cabinet. The government wants to resolve the issue of missing persons finally.
Justice Jamal Mandokhel said that the issue of missing persons will not be resolved through rhetoric. Justice Muhammad Ali Mazhar asked how many recoveries the Missing Persons Commission has made so far.
Justice Hassan Azhar Rizuri said that does the Missing Persons Commission have any data on who made the people disappear, did the missing people who returned tell who took them away?
Justice Jamal Mandokhel said that when the missing people return, they do not say anything, when the missing people return, they say that they went to the northern areas for rest.
Advocate Latif Khosa said that the country has become a deep state, on which Justice Jamal Mandokhel stopped Advocate Latif Khosa from speaking.
Justice Jamal Mandokhel said that Khosa sahib should not talk about politics in the court, and solve the problem by calling a general or joint session of Parliament.
Advocate Latif Khosa said that the issue of missing persons should be resolved like the 26th Amendment. Justice Jamal Mandokhel said that the 26th Constitutional Amendment will also be seen in due course. Latif Khosa said that Balochistan is the most affected by missing persons.
Justice Jamal Mandokhel said that the nation and the court are looking at you parliamentarian. Lawyer Aitzaz Ahsan said that the parliament does not have judicial powers.
Justice Mussrat Hilali said that Khosa sir, your PTI people were also taken away. Latif Khosa said that yes, of course, PTI people were also taken away. Justice Mussrat Hilali asked if he came and told who took them away? Latif Khosa said that the children of those who were taken away will also be taken away.
Lawyer Faisal Siddiqui said in his arguments that people’s loved ones have been missing for ten to twenty years, the court had ordered the last hearing regarding the missing persons and today the bench is not getting the order of the last hearing. Justice Hassan Azhar Rizvi said that the court order in the missing persons case was also missing.
Justice Naeem Afghan said that 25 lawyers appeared in a classic case of missing persons in Balochistan, the missing persons returned home on the orders of the Balochistan High Court. The court ordered the returned persons to appear, but after their recovery, those persons did not appear for a statement in any judicial forum.
Justice Naeem Afghan remarked that there was a purpose for recording the statements of the recovered persons and the purpose was that if anyone from the army is involved, then a letter should be written to the GHQ for a court martial, if other institutions are involved, then action should be ordered against those responsible for them. If any case of missing persons is to be made an example, then they should have courage, at least some of the missing persons who have returned should stand up.
Justice Naeem Afghan of the constitutional bench said that in some cases of missing persons, individuals also destroy and defame the state, a war of freedom is also being waged in the name of missing persons, no one in the system is ready to stand up.
Faisal Siddiqui said that 350 people went missing after the Attorney General gave assurances, state officials are disobeying previous court orders. Aitzaz Ahsan said that the Attorney General assured that no citizen would go missing.
Justice Aminuddin Khan remarked that we want to move towards a solution in the missing persons case.
Justice Jamal Mandokhel said that the solution to the missing persons is for stakeholders to sit together and consider why the problem of missing persons arises. The court has recognized Parliament as supreme, so Parliament should prove itself supreme.
Aitzaz Ahsan said that the missing persons recovered from the anchor’s houses should be called. Justice Aminuddin said that we will call them too. Justice Musarrat Hilali said that if you strengthen yourself, who will take care of you?
Latif Khosa said that ask the missing person how much violence took place. Justice Jamal Mandokhel said that Khosa Sahib will ask you according to the record, he will ask you how many appointments you made in Parliament for the recovery of missing persons.
The constitutional bench adjourned the hearing of the missing persons case until next week.
