The missing persons issue is hopefully about to reach its finale, thanks to the untiring efforts of the Supreme Court which has been hearing the case since 2007. The apex court has provided full opportunity to security agencies to produce the missing persons without much success in their recovery. The apex courts efforts in the direction have by and large been stonewalled. The appointment of a judicial commission was the last attempt by the SC to resolve the issue through persuasion. Earlier this month, the bench hearing the case declared that 2011 was going to be the year of the recovery of missing persons.
Under Musharraf, the security agencies acted with complete immunity without caring for the social and political fallout of their illegal actions. The agencies were so powerful that they managed to persuade Musharraf, as pointed out by the apex court, to impose the November 3, 2007 emergency and the PCO. With an independent judiciary finally in place and the country being run by a genuinely elected government, the court has no option other than pursuing the case to its logical end. It loses credibility if it lets the agencies off the hook. The mood of the SC can be gauged from the statement on Friday by the Chief Justice while hearing another case. Citing the example of recently convicted Lt. General P.K. Rath of the Indian Army, he underscored that if a few responsible people are taken to task it will put things on the right path.
There is a need for the security agencies and related institutions to fully cooperate with the apex court. The SC has clarified on a number of occasions that it does not oppose the questioning or detention of those involved in crimes. What it requires is that whatever action is taken has to be in accordance with the laid out legal procedure. The Judicial Commissions report has provided solid evidence about the involvement of secret agencies and the police in disappearances. As the court pointed out on Friday, the number of missing persons is increasing day by day. Further defiance on the part of the agencies would be futile. As the day to day hearing of the case begins from Thursday, the agencies still have time to furnish details of the missing persons and cooperate in their recovery.