Staff Report
ISLAMABAD: The Islamabad High Court (IHC) criticised the government on Wednesday over its handling of enforced disappearances, questioning who would come to a country where people are vanishing.
IHC’s Judge Miangul Hasan Aurangzeb presided over the hearing regarding the recovery of missing person Atiq-ur-Rehman, a resident of Abbottabad who has been missing for 20 years.
The petitioner, Hajra Bibi, requested the court to enforce the production order issued by the Commission of Inquiry on Enforced Disappearances. “You can do it a hundred times in ordinary cases, but in such cases, we are under great pressure. What kind of commission is this?” Justice Aurangzeb said, addressing the commission officials. The officials informed the court that the case had been pending in the Supreme Court (SC) since 2007.
The court questioned why contempt of court proceedings had not been initiated for non-compliance with the production order. The officials responded that contempt of court applies to individuals, not institutions.
Irked by the response, “I want to see the government’s position. Is it that those we take will remain taken? Is it the government’s position that those who die will remain dead, and those alive will remain alive? People are disappearing in Pakistan. Who will come here?” Justice Aurangzeb remarked.
The court also commented on economic implications: “You are hoping the dollar will come down from 280. Why would it when this is happening here?”
The commission claimed it lacked the authority to enforce production orders.
The court suggested that the commission should include people who can prevent Pakistan from disgrace.
“When judges work according to the law, they go against us, saying you worked according to the law. We are ready for everything; we are here for public service,” the court added. The court summoned the Attorney General Pakistan (AGP) Mansoor Awan for assistance in the missing persons case. The court indicated that a detailed order would be issued.
On May 28, the state’s top law officer assured the capital’s high court that all people who have allegedly been forcibly disappeared will return to their homes.
According to a written order issued by the IHC in connection with a case related to missing Baloch students, AGP Mansoor Awan undertook on behalf of the state and the law enforcement agencies that every missing person will be reunited with their family.
