ISLAMABAD – The judicial commission for the recovery of missing persons has suggested legislation to bring the functioning of spy agencies within the ambit of law.
The commission, led by Justice (r) Kamal Mansoor Alam and consisting of Justice (r) Nasira Javed Iqbal and Justice (r) Fazlur Rehman, said this in its report submitted to the Supreme Court and the Interior Ministry on Monday, before a bench of Justice Javed Iqbal, Justice Tassaduq Hussain Jillani and Justice Raja Fayyaz Ahmed.
While hearing the missing persons’ case, Justice Javed Iqbal said year 2011 would be the year of the recovery of missing persons.
Additional Attorney General KK Agha presented the commission’s report before the court, saying that it could not be made public without permission of the federal government.
He, however, said that according to the report, 134 persons have been released in eight months. The report also suggested that parliament should make laws to curb the practice of enforced disappearances.
The court ordered the federal government to submit a report over the implementation of measures suggested in the commission’s report to redress the missing persons’ issue. Justice Javed Iqbal asked the AAG if responsibility had been established in disappearances and what action was taken against the responsible persons.
Hashmat Habib, a lawyer, informed the court that some missing persons were kidnapped by state agencies. He said there should be some sort of legislation as proposed in the report, particularly for the intelligence agencies. The judge said there should be a tribunal for conducting hearing on missing persons’ cases.
Chairperson of Defence of Human Rights, Amina Masood Janjua, whose husband is missing since 2005, informed the court that although the report was prepared five months ago, its copies were not supplied to the aggrieved parties. She said the families of missing persons were living in agony for more than five years. Justice Jillani said since the attorney general was the principal law officer of the court, he should advice the government to do some legislation to resolve the issue of missing persons.
The AAG said the government wanted to stop forced disappearances and would make legislation in this regard. He said he received a copy of the report late on Sunday, thus could not go through it in detail. The court then adjourned proceedings for a week.
