A three-member Supreme Court bench on Tuesday directed the government to appoint a chairman of the commission constituted for the recovery of missing persons within a week.
The bench of Justice Mian Shakirullah Jan, Justice Jawwad S Khawaja and Justice Sarmad Jalal Osmany observed that the timeframe for the recovery of missing persons would be set once the commission stood complete.
Appearing on notice, Additional Attorney General KK Agha told the bench that due to engagements of Interior Minister Rehman Malik and the interior secretary in Karachi to control the law and order, the head of the commission could not be appointed. He assured the court that the chairman would be appointed within a week. The court, however, expressed annoyance over the delay despite repeated orders.
The bench, headed by Justice Mian Shakirullah Jan, was conducting the first hearing of the missing persons’ case after the retirement of Justice Javed Iqbal. The court noted that the non-serious attitude of the government in the matter was a bad omen. “All institutions should show seriousness for the recovery of missing persons,” the court observed, adding that if spy agencies were not involved in the disappearances of the people, they would have to submit a written statement in court to this effect.
KK Agha told the court that 134 out of 382 missing persons had been recovered, while 138 cases were being traced out with the help of spy agencies. He said although the cases of missing persons’ were chronic, efforts were underway to trace them out. The Ministry of Defense had constituted a special committee for this purpose that was dealing with chronic cases, he added. He said Justice (r) Fazlur Rehman, who was heading the commission on missing persons, had been appointed a member of the Election Commission of Pakistan. However, the new chairman would be appointed with a week.
“Six months have lapsed since the appointment of Justice (r) Fazlur Rehman as a member of the Election Commission, but the government could not find his substitute, which is a high level negligence,” Justice Jawwad S Khawaja remarked. Agha said the interior minister and secretary were busy, but the ministry had finalised a name and requested the court to grant a week’s time to the government for appointing the new head of the commission. Meanwhile, Amna Masood Janjua, chairperson the Defence of Human Rights Pakistan, said due to the efforts by the Supreme Court, around 400 missing people had been recovered. She said the commission’s performance had been zero and the body had done nothing in the last three months for the recovery of missing persons. The court later adjourned proceedings until August 17 following assurances by Agha that a notification for the appointment of a chairman of the commission would be issued within a week.
It is good that SC is taking up cases of public importance. But the problem is that it is taking up only those cases which can get public attention and thus the Judges can indulge in politics. Of course, they will never take up cases where guilt of Sharifs is sure to be proved like for example, Asghar Khan petition, bank default cases, the question Shahbaz's deseating, etc. On the other hand, there are millions of litigants waiting for justice at all levels of Judiciary. The system is failing or may be, has already failed.
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