The Supreme Court on Thursday issued notices to the defence secretary and interior secretary directing them to appear on February 13 regarding matters related to non-recovery of missing persons.
A three-member bench of the Supreme Court (SC), led by Justice Nasirul Mulk, took up the Balochistan law and order case for hearing.
Justice Saqib Nisar asked if there was any law for intelligence agencies.
He also said, “How can we accept the allegations levelled against the missing persons without evidence. If someone dies, it should be known to his relatives. Protecting human lives is responsibility of the state. There is some rule or regulation to do every work in the world. If there is any law in place or otherwise for the intelligence agencies. Government should inform the people about the details in this regard by holding press conference.”
Justice Nasirul Mulk said, “Pursuing missing persons’ cases is incumbent upon all of us. 15 personnel of FC who were alleged to be behind enforced disappearances were sent back to army deliberately. These are human rights cases, we can not close our eyes to them.”
Nasrullah Baloch, president of a social organisation, told the court that the Balochistan government was not cooperating in missing persons matter. The situation in Balochistan was highly deteriorated and the intelligence agencies were picking up the citizens from their homes, he added.
Irfan Qadir, counsel for FC, said, “Nothing like this is there. FC is cooperating. 15 FC personnel were arrested.”
Justice Mulk inquired about the whereabouts of these persons.
The lawyer said the personnel have returned to army now. Justice Mulk said, “How it is possible that FC does not have any knowledge in this regard.”
Shahid Hamid, counsel for the Balochistan government, told the court that FC was not under the control of the provincial government, but it was functioning under the federal government. “You can ascertain about it from ministry of defence or interior ministry. Government is doing and will continue to do whatever it can do in this regard.”
Baloch told the court that the relatives of the missing persons were harassed.
“We request that Justice Jawwad S Khawaja and Justice Khilji Arif Hussain be included as they are well aware of all the details of the case,” he said.
The court said, “This is job of chief justice of Pakistan. Don’t worry we are as much concerned as you are.”
Baloch said 13 bodies had been recovered from a grave in Khuzdar.
The court said, “FC and Balochistan government should jointly resolve the matter of missing persons. The FC officers who were facing charges had returned to army. Proceedings will be initiated against whom now. FC is not under the control of provincial government. Now defence ministry and interior ministry will have to give reply.”
The hearing of the case was adjourned until February 13.