Seven of the 35 missing persons should be presented before the court on March 4, Supreme Court (SC) ordered during a hearing of the missing persons case on Tuesday.
Five of the seven missing persons are reportedly not in the custody while the other two are in detention.
A two-member bench headed by Justice Jawad S Khawaja was hearing the case of 35 missing persons case.
Justice Jawwad S Khawaja remarked, “The government has several options but the Constitution is the only option the judiciary has,” adding that the Constitution should be implemented no matter how much the situation gets worsened. We will have to be on one page for restoration of peace in the country, he said.
He stressed that the judiciary will not rest till the missing persons are recovered. Those days are gone when any unconstitutional step was indemnified, he said.
The Khyber Pakhtunkhwa (KP) AG presented a report before the court which said that seven persons have already been produced, of which five persons were free and were living with their families. Two missing persons are present in Malakand internment center, he said, and one has died. The report also said that 11 persons were suspected to be held in Afghan jails as 400 persons were detained in jails in Afghanistan.
“May be the other missing persons are imprisoned in the jails at Afghanistan, information is being collected through diplomatic channels. The government has got the services of the army in Malakand, therefore, the army lifts several persons at times. However, the people are released after they are proved innocent,” the AG said.
Additional Attorney General (AAG) Shah Khawar told the court that all the steps were underway in connection with recovery of the missing persons. The federal government is in contact with provincial government in this respect, he added. The defence ministry is playing its role as well. A new law has also been enacted and its copy was also presented in the court.
The court observed that it will review the law if any loophole was found in it.
The court directed the KPK government to produce the seven missing persons before it on March 4.
The hearing of the case was adjourned till March 5.