Farooq Naeem—AFP
Prime Minister Shehbaz Sharif on Friday said he will not leave any stone unturned in his bid to recover missing persons, but admitted that he cannot promise that all the missing individuals will be recovered.
“I will not give any lame excuse,” he vowed before Islamabad High Court (IHC) Chief Justice Athar Minallah during a hearing into petitions filed for the recovery of six missing persons, including journalist Mudassar Naaru. In July, the IHC had granted the incumbent government till September to either recover six missing persons or to ensure the personal presence of the prime minister in court to justify why it had failed in discharging its duty. In a nine-page written order, the chief justice had said the premier was expected to inform the court about actions against public functionaries who had been or continued to be involved in disappearing Pakistani citizens.
During Friday’s hearing, Justice Minallah told the prime minister he had been summoned because the issue was of vital importance. Noting the court had already referred the matter to the federal cabinet multiple times, he regretted that the response “had not been what it should be.”
Referring to former president Pervez Musharraf, he said a “chief executive ruled this country for nine years” and “proudly” wrote in a book that Pakistan had sold its people to foreign countries. “This court is not an investigation agency,” he stressed, adding only the political leadership could resolve the issue.
Recalling that in some cases missing persons had been recovered, but the government had not taken any further action to penalize culprits responsible, the chief justice said the court had no option but to continue asking the executive to undertake corrective measures. The public should not have the impression that law enforcement agencies were picking up citizens, he stressed.
“This impression affects our national security,” he said, telling the prime minister the country’s national security was in his hands. “This court trusts you. Give a solution for this,” he said, questioning who the court should hold responsible for enforced disappearances.
Referring to a government committee and commission to examine the issue of missing persons, the IHC CJ regretted that the families of missing persons had “revealed a lot of things about the commission.” He said there were also persistent reservations from Baloch students that they were being picked up without discrimination or charges.
Addressing the court, the prime minister said solving the issue was his duty. Chief Justice Minallah told him that several governance issues could only be resolved once the “Constitution is restored.” Noting most law enforcement agencies came under the Interior Ministry, he described the practice of disappearing people as the “biggest form of torture” and a “deviation from the Constitution.”
The judge asked the prime minister how the court should respond to a small child approaching it for justice. “He also met the erstwhile prime minister,” he said, referring to a meeting in December between then-premier Imran Khan and Naru’s son after which the PTI chairman had vowed to ensure his father was recovered.
The prime minister said a child of a missing person had asked him to reunite him with his father. “This sentence is very disturbing to me,” he said, adding he would not give any “lame excuses” or play the “blame game.” He said the incumbent government had constituted a cabinet committee on enforced disappearances, which had already met six times to deliberate on the issue. He assured the IHC that he would personally monitor every meeting of the committee and submit a report. “That report will not be based on tales but facts,” he vowed.
The chief justice then asked Attorney General for Pakistan Ashtar Ausaf Ali to read out Article 7 of the Constitution, which gives a definition of the state, and questioned who it designated as being responsible for the issue. To the prime minister maintaining the government was working on the issue, he observed that “committees were set up, assurances were given but no work was done.”
Sharif stressed that even though he could not guarantee the recovery of all missing persons, he would leave no stone unturned to ensure the recovery of those he could.
Law minister
After the prime minister’s testimony, Law Minister Azam Nazeer Tarar sought permission to address the issue. Stressing that he did not wish to hear about the committee again, the CJ said he wanted assurances that no more missing persons cases would be filed before the court.
“This is an issue dating back 20-21 years; it will not be resolved within 10 days,” said the law minister.
To CJ Minallah asking why Baloch students were being profiled based on their ethnicity, Tarar said the only way to achieve a permanent solution was through dialogue. He said there were a few reasons for ongoing disappearances, with the court saying the government’s responsibility was to address them.
“If you can’t resolve the issues, then why don’t you leave your office?” he questioned the law minister, who said the ruling coalition comprised representatives of parties that had also complained about missing persons. “We want everyone to be satisfied; we want an open dialogue,” he said, adding that the government was seeking just two months to resolve the issue.
The court then accepted the law minister’s plea and adjourned the hearing till Nov. 14.