Justice Mohsin Akhtar Kayani, chief of the Islamabad High Court’s three-member more prominent bench hearing cases of persons’ recovery, said criminalizing enforced disappearances is a must. He said the problem would have to be legislated later, if not today. Laws are needed immediately.
Financial Challenges and Inadequate Responses
Justice Kayani observed that the state was reeling under financial constraints. Taking loans from the International Monetary Fund (IMF) made it difficult to pay salaries and pensions. He criticized compensation checks as an eyewash that did not address the crux of the matter and proposed summoning PM Imran Khan with a mandate for Rs200,000 monthly compensation for each family.
Demand for Detailed Reports
The court demanded detailed reports from the commission responsible for recovering missing persons after representatives from the Ministry of Defense appeared in court along with lawyers representing petitioners, including Imaan Mazari. Justice Kayani asked about the number of missing people and told the inquiry officer that inefficiency had been displayed.
Role of the Agencies and Committees
A new three-member committee comprising Joint Director General IB Qazi Jamil-ur-Rehman was formed to deal with the issue. While inquiring into progress made on specific cases by agencies involved in resolving them, Justice Kayani remarked that their failure tarnishes their image. He also expressed respect for these institutions but insisted they should respond to enforced disappearances more responsibly and respect themselves so far as credibility is concerned.
Legal Proceedings and Court Orders
Justice Tariq Mahmood Jahangiri noted that despite assurances given by top legal officers, people were still going missing. Therefore, jurisdiction over racial profiling of Baloch students should be retained by this court. Which wants accountability from all those involved in enforced disappearances; additionally, reports were ordered from a committee composed of officers belonging to three agencies.
Specific Cases of Missing Persons
In this case, the Assistant Attorney General said a check amounting to Rs3m had been given to the family of Ghulam Muhammad, who went missing from Bara. Still, Justice Kayani said money alone would not do anything he must produce.
A recovery hearing for Mahmood Arshad Qazi was held, and the representative Defence objected to the Ministry of Defence’s jurisdiction. However, the court rejected the objection, citing the ineffectiveness of the Commission for Recovery of Enforced Disappearances. Failure to enforce compliance with its production orders, said Justice Jahangiri. However, the commission is supposed to present its performance before Justice Arbab Muhammad Tahir.
Postponement of Hearings
The hearings were adjourned until after the summer vacations, and substantial progress and accountability from relevant quarters. Were demanded to address enforced disappearances issued by the Court.
