ISLAMABAD: Government’’s top lawyer here Monday apprised the Supreme Court that a three-member Judicial Commission, headed by a retired judge of apex court and two retired judges of High Courts as its members, has started functioning to probe missing persons issue.
Additional Attorney General (AAG) K.K. Agha told a three-member bench of Justice Javed Iqbal, Justice Muhammad Sair Ali and Justice Anwar Zaheer Jamali that the Commission would be headed by its Chairman justice retired Kamal Mansoor Alam and assisted by two members, justice retired Miss Nazeer Iqbal of Lahore High Court and justice retired Fazal ur Rehman of Balochistan High Court.
He said a notification has already been issued by the Ministry of Interior and it was hoped that it would be more accessible for relatives of missing persons.
He said its proceedings would be made public.
The bench in its order directed Secretary Ministry of Foreign Affairs to ask its ambassadors abroad, especially minister in Thailand to expedite their efforts for release of Pakistani nationals and submit comprehensive report within fortnight.
It also directed for taking up Lal Mosque missing persons” issue at the upcoming Judicial Commission meeting in Islamabad.
At the outset of proceedings, Ikram Chaudhry, senior counsel, termed the outcome as satisfactory and requested the Court to keep a check on certain aspects.
He claimed that according to reasonable estimates about 300 to 400 people had gone missing during Lal Mosque operation.
He said it would be difficult to relatives of missing persons to assist Commission unless complete data was provided by the government.
Justice Javed Iqbal remarked that as per report submitted about Commission and its working mechanism, it would function on judicial lines.
He hinted that the apex court would not completely disassociate itself from overall supervision.
“Lets Commission complete its task. It has been constituted with set mechanism. There would be no interference from this Court,” he told the affected parties.
Regarding exact figures of missing persons Justice Javed remarked, “There were exaggerated figures submitted with Supreme Court, sometimes, it runs into thousand, on other, it will account for hundreds.”
He observed that so far number of missing persons in Balochistan province was concerned, the government functionaries had contradicted these claims.
“It is the most burning issue of the day. Judicial Commission is tasked to deal with the issue exclusively,” he observed.
He also advised Amna Masood Janjua, chairperson Defence of Human Rights, to console relatives of missing persons with the outcome.
Justice Sair Ali told Amna that Commission did not fall within their scope as it would be a powerful separate body.
Sindh Home Secretary Kamran Dost apprised the bench that out of nine chronic cases of missing persons, six had been traced out.
He apprised that Hafiz Mohammad Chan had links with disbanded Lashkar-e-Jhangivi, Abdul Kareem had close relations with Yousuf Ramzi and Khalid Sheikh while Sikandar Malah was associated with a banned outfit.
AAG Agha to bench’’s query told that since last proceedings not a single missing person was traced out.
He said that situation varied on basis of provision of adequate information. There was difference between missing persons and those cases of forced disappearance.
Justice Javed observed that Balochistan issue was the most burning one and the government had to take political measures to resolve issues.
“I don”t want to comment, but you have to put extra focus on Balochistan. Situation there is not so good and out of many issues, the missing persons issue there is vital one,” he advised AAG.
The bench also expressed its dissatisfaction over Pakistan Missions abroad in securing release of jailed Pakistani nationals.
It said a quite number of expatriates could not be released in Thailand on account of non-payment of fines.
The bench asked AAG to take up the matter with the government there under any Protocol or agreement through diplomatic channels.
To Ikram Chaudhry’’s concerns over slow proceedings by police, Justice Javed remarked “In certain cases police lack capability, in others capacity while sometimes, it finds no access.”
The hearing was adjourned till May 17.
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