ISLAMABAD: Chief Justice (CJ) Islamabad High Court (IHC) Athar Minallah has remarked in missing persons case that enforced disappearances are tantamount to abrogate Constitution.  “Chief executive is responsible. No one is above Constitution. This court will ensure civil supremacy in accordance with Constitution.”  

Prime Minister Shehbaz Sharif while assuring to resolve issue said still he has met with son of a missing person. He asked him PM please reunite his father to him. This sentence has saddened me. This sentence is very painful. I am accountable to courts of country and people of country. I have to render account to Almighty Allah. I will not allege any one. We have constituted a Cabinet committee. I will place before court irrefutable evidences.

I promise I will submit facts based report before court. Petitions related to recovery of missing persons and journalist Mudassar Naro came up for hearing before a single bench of IHC led by CJ IHC Athar Minallah.  Court staff told before inception of hearing that today only case of missing persons will be heard and cause list of other cases has been cancelled. Family members of missing persons reached court. Minor son of missing journalist Mudassar Naro was also present in court. CJ IHC Athar Minallah started hearing of case. PM Shahbaz Sharif, Attorney General (AG) and law minister came on rostrum.  

CJ IHC while addressing PM remarked “You are elected representative and chief executive of this country. This court has troubled you because this issue is a major issue. Such response is not coming which should have come.  One Chief Executive has ruled this country for 9 years. He wrote in his book pride fully that he sold out people of his country to foreign country. This court is not investigation agency.

This court referred matter to federal Cabinet umpteen time. Federal Cabinet had not given such response which should have come. You constituted a committee. This is constitutional court and this is not matter of a committee only. Commission was constituted for missing persons. Families of missing persons are sitting here. They have told several things about commission.  What are the obligations of state should be discharged. People were recovered but no action was taken ever. This court will see constitution. No issue is bigger than this.  He observed enforced disappearances are deviation from Constitution.

You are PM of this country and national security of this country is in your hand. CJ IHC remarked there are several problems of governance and these will be addressed when Constitution is restored. Most of law enforcement agencies are under interior ministry.   Shehbaz Sharif replied I appeared in court when your order was received. You have given very important observations. I will not give any excuse. Child said to me PM Sahb reunite my father to me. I assure you I will try my best.

I will monitor every meeting of committee of missing persons and will present report in court. Report will not have any story but it will be based on facts.  Addressing AG CJ said if you are ready then give arguments today. Then court should give a decision. It is tragedy of our society that responsibility lies with whom he says what I can do. Law minister Azam Tarar said this is government of allied parties and this is their own issue of allied parties. Therefore, this government has constituted a committee to reach conclusion.  

CJ remarked this court wants to give a decision. This will help in addressing these problems.  CJ IHC inquired intelligences agencies are subordinate to whom. No chief executive can make this pretext that he is helpless. If chief executive says intelligence agencies are not subordinate to him then he accepts deviation from Constitution.  

Farhat Ullah Babar said parliament is so much strong that it can remove prime minister. Law minister said more legislation is also needed.  The court gave time for two months to law minister and adjourned hearing of case till November 14.

Published in The Daily National Courier, September, 10 2022

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