IHC CJ says chief executive responsible for any forced disappearance

During a case hearing, Attorney General of Pakistan Khalid Jawed Khan has said that the court could order for registration of an FIR against the prime minister if it deems it fit, reported 24NewsHD TV channel.

Islamabad High Court Chief Justice Athar Minallah was hearing the Mudassar Naro case on Tuesday. During the hearing, the AGP told the court that all efforts were made to recover missing Mudassar Naro but the state could not recover him. 

He said it’s right that the responsibility to recover missing persons lies upon the state and prime minister, but if the government fails to recover them, then the court could order for registration of a case against the prime minister if it solves the problem. He said he had no other solution to offer than this. 

Chief Justice Minallah remarked that even the armed forces could not take any action unless the government gives them permission. 

“A journalist was whisked away from the federal capital. Even the CCTV footage of his abduction was also available. Despite this, the state could not recover him,” the CJ said.

Justice Minallah said that everybody accepted that it was a forced disappearance case of two brothers. The court has already asked the federal government to recover the missing persons and if it shows slackness in this matter, then all the fingers would be pointed at prime minister, the CJ observed.

“The responsibility lies with the prime minister, federal government and federal cabinet,” he added.

Counsel for the missing persons said if the government allows tour of detention centres, then many missing citizens could be recovered. 

The attorney general contended that it was not true as identity of all persons detained in those centres has been mentioned in the list. Besides this, family meetings have also been arranged for the detailed persons, he added. 

The chief justice said that a vivid message should come from the government denouncing the disappearances. 

The AGP wondered whom he should have to deliver the message as the chief executive of 2016 was different of the chief executive of today. 

The judge wondered who would be responsible for the 2016 disappearances. 

The AGP told the court that all three elected chief executives had their own policies. The problem would be solved if just one criminal will be apprehended and punished, he added. 

Mr Khalid said that citizens’ snatching has never been a policy of any government whether it was a government of Nawaz Sharif, Imran Khan or Yousaf Raza Gilani. 

What will be the worse crime than this that if some authority is involved in abduction, then the case could not be investigated, the CJ said while agreeing with the AGP that not all cases were cases of forced abduction. He said if there was one case of forced abduction then people start doubting other cases too.

The AGP assured the court that if pictures of Mudassaro Naro’s abductors are available then the action would definitely be taken. He went to the extent that he would be accountable if the PM does not take action.

CJ Minallah remarked that the case of two brothers was that of the forced disappearance, but the state seems helpless. Court orders the state to recover the two missing siblings and if it fails, the responsibility falls on it, the CJ added.

Justice Minallah said that every chief executive should be held responsible for any forced disappearance. He said that the court had written a judgement after doing a great research and still that exemption could not be withdrawn.

Reporter Ehtisham Kiyani