Prime Minister Shahbaz Sharif assured the Islamabad High Court (IHC) on Friday of doing everything-out efforts for in recovery of missing, saying he won’t give any “weak excuse”.
“I can’t say that everything of the missing will be found, but we will not leave a stone unturned,” he said. “I won’t give some unconvincing excuse.
Premiere made these remarks before IHC Chief Justice (CJ) Atar Minallah during the hearing of identical requests for recovery of six missing, including journalist Mudassar Naaru.
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AT last hearing, Judge Minalla ordered Prime Minister Shehbaz ensure that missing persons whose cases were heard in VVK – were brought to court on September 9 (today) and warned that failure this will require the presence of the prime minister in human on specified date and give explanation.
When Prime Minister Shehbaz appeared in court today, Judge Minallah said he was called in as issue was at hand big one.
He recalled that the court referred the case of missing in the federal office several times but the reaction of the cabinet “was not what should to be”.
By making obvious reference to former President Pervez Musharraf, he continued, “The chief executive ruled in this country for nine years. He proudly wrote in his book we sold people to foreign countries”.
“This court is not an investigative body,” he further noted.
The IHC Court then noted that government It was also formed a commission body It was set up in May on IHC directives for discussion policy on enforced disappearances.
But the matter was not limited to the committee, he continued. “The commission was also formed for missing persons.
“Families of here sit the missing. They discovered a lot of something about the commission,” he said, adding that the defense of Human rights in Pakistani Chairman Amina Masood Janjuaalso He talked a lot about the instructions to the court.
Instead of of striving for problems of families of missing, the commissions continued to “torture” them, he noted.
the court had also was told about the booking of Balochi students, reported CJ IHC.
“The political leadership must solve this is issue’
Judge Minallah stressed that the State’s responsibility should be fulfilled”, regretting that in in cases where missing persons were found, no further action was taken.
“The political leadership must solve this is issue,” he said. “The court has no other way but just ask the executive [about the issue]”.
The IHC Court also emphasized that should so as not to give the impression that law enforcement agencies were tinkering up citizens.
This impression influences our national security, he added. Addressing Prime Minister Shehbaz, he continued: “You prime minister and national safety of this country in your hands. This court trusts you. Give [us] solution for this is [issue]”.
He asked who court should Keep responsible for enforced disappearances.
For his part, Prime Minister Shehbaz said that the decision issue was his duty.
At the same time, Judge Minallah noted that there were several questions. of governance, which can only be decided after the “Constitution restored”.
He noted that most law enforcement agencies are subordinate to the Ministry of the Interior.
‘Manufacture people disappear the biggest form of torture’
Judge Minalla then called practice of “manufacturing people skip largest form of torture” and “violation of the Constitution”.
“This court is a constitutional court… This court will look at the Constitution. There is no more issue than that,” he remarked.
The IHC judge asked Prime Minister Shehbaz what the court should tell small the child approaches him for justice. “He (child) also met former prime ministerJudge Minalla said, clearly referring to the Naru trial. son meeting former prime minister Imran Khan in December last year.
Prime Minister Shehbaz told the court that the child of missing person asked him to reunite him with his father. “This phrase is very disturbing. for me,” he said.
He said he was responsible to the courts and people of country, adding that “I’m not here to play blame games”.
“I won’t give any unconvincing excuses.”
The prime minister told the court that government a cabinet committee was formed on enforced disappearances and still six meetings were held.
The Prime Minister assured the court that he would follow each session of commission and submit a report.
“This report will not be based on fairy tales, but facts.
He expressed resolve present to the court “irrefutable evidence”, stating that “the facts speak for themselves”.
After that, Judge Minallah asked the Attorney General for Pakistan (AGP) Ashtar Awsaf Ali read out Article 7 of The constitution that defines the state
After reading AGP out content of Article VVK CJ again interrogated who was responsible for missing persons.
Prime Minister Shahbaz said: “You can see our behavior in cases of missing.”
At the same time, the CC VVK noted that “committees set upguarantees were given, but no work been done.”
The prime minister replied that he could not yet guarantee in recovery of all the missing, he won’t leave a stone unturned in this business.
At this point, Judge Minallah remarked: “former the chief executive officer agreed that the establishment people missing was state policy.
“According to the Constitution, if a citizen is missing, the state responsible”.
The IHC judge stated that “by doing people going missing is akin to violating the constitution.”
Further, he noticed that in case of missing, leader of the province from which he disappeared was also responsible.
Judge Minalla said before the court session decision in case, the executive branch will have to do sure is not more the person would go missing.
“Action should be accepted against those who violated the Constitution,” he said, adding that “transfer cases to parliament and legislate on them”. India and others. countries did the same, he said.
“No leader can say that he is helpless”
The IHC judge said that “people to be lost” and in case of enforced disappearances, “the court will involve the chief executive responsible”.
He said that no education can be higher than the Constitution. in this country, adding that this court ensure civil superiority, as well as the supremacy of Constitution.
Judge Minallah asked Prime Minister Shahbaz if there would be a trial should keep every member of security council responsible for enforced disappearances.
“The state is obliged to satisfy the families in previous cases of missing,” he said.
The IHC Court further stated that no one should go missing in in the future recovery of the search for the missing was the task of the state.
“The state has agencies and other resources; go and find them,” he said.
At the same time, Minister of Justice Azam Nazir Tarar said that it would be wrong to ask the authorities to conclude 21-year-old case for two days.
« government control on institutions and civic superiority should be in accordance with the Constitution,” said Judge Minallah. “How can this court think that the state is so weak that it cannot investigate?”
During the trial, the law minister told the court that the prime minister was to meet with UN Secretary General António Guterres today at 10:30.
The court allowed Prime Minister Shehbaz to leave the hearing halfway through, stating that “you must put an end to enforced disappearances.
“No citizen should there is any doubt about who chooses them up. Basic minister sahib, this issue of national safety. It’s not a state within a state, and this court doesn’t think so. The constitution is above all, and it will be respected.”
Judge Minalla said that no chief executive could give justification of be helpless in cause. “If you give this justification, it means that there is a state within a state.”
“If a anyone continues the policy of General Pervez Musharraf, they cannot say that they are helpless… [and] if the CEO says the special services do not obey him, he deviates from the Constitution.”
The IHC judge said that any executive director who thought so should to resign.
“Your message is loud and clear” Prime Minister Shehbaz replied before leaving.
Thereafter, the IHC Court noted that if the law continues to be broken, each executive director will responsible.
He continued: “Our tragedy is that whoever responsible says what can he do. Excuses are given that they do not have power, while others do.
“If you can’t take responsibility, step down from your post”.
“This court will consider the Constitution and then give verdict,” he said and asked the AGP to present their arguments. “If you’re ready, give your arguments for this court to decide.”
The government allowed more time
The AGP told the court that it had consulted with the law and the home secretaries. on question other than talking to members of the committee formed on missing persons. “I even called Assad Umar and will meet with the chairman of the Senate. in human.”
“You have made in prime minister responsible; we will do our job,” he assured the court.
AGP went to court for a little more time.
And “if we can’t make a commitment, I’ll come and say what I have failed,” he added.
For its part, the law minister claimed that the committee was formed on missing so “we can go to the bottom of in issue”.
He said he hoped to reach a “logical conclusion”. in case, but argued that the work could not be completed within two days.
Request more time of two months he said with The court supervising this case had the opportunity of reaching a solution.
“But there are mines in in way and we also have to take them into account,” he said.
This was stated by the senator from the PPP Farhatullah Babar. parliament made a law on enforced disappearances and sent the law to the executive in 2015.
“It was the manager’s job to either implement it or negotiate on Why is this should will not be implemented,” he said.
At the same time, Judge Minallah noted that the head of the executive branch was also accountable parliament.
“Do you mean to say that parliament failed to implement? he asked, adding that parliament could even delete prime minister. “The court will not allow such a statement and let parliament be dishonored.”
Minister of Justice Tarar, however, argued that the facts differed from these observations and again asked the court for eight to ten more weeks for reform in in criminal justice system.
After the applicants agreed, the court granted government more time and adjourned the hearing until 14 November.
Justice Minallah also asked the law minister inform families of missing of a forum they could approach at all times.
During the trial, the defense of Human rights in The President of Pakistan demanded that government withdrew his statements challenging the verdicts in missing persons cases.
She is also requested interior minister remove the chairman of commission on missing, Javed Iqbal.
