News
Thursday, October 27, 2011
Constitution’s Article 9 violated in missing persons’ case: SCStaff Report
ISLAMABAD: The Supreme Court has observed that Article 9 of the constitution is being violated in missing persons’ cases.
Apex court’s judge Justice Jawwad S Khawaja also said in his remarks that if the spy agencies were denying the custody of missing persons then how the matter of disappeared persons would be processed.
He expressed dissatisfaction over the performance of Additional Attorney General KK Agha in missing persons’ case and asked him that what sort of game he was playing with the court as they expected on every hearing of this case that he would assist the court but in vain.
He also observed that the commission on missing persons had been constituted second time but no progress had been made yet regarding the recovery of disappeared persons. During the coursed of proceedings, AAG, KK Agha presented a report before the three member bench of the apex court, headed by Justice Mian Shakirullah Jan regarding the award of compensation to the families of missing persons.
He informed the court that the government was facing shortage of funds; therefore it would pay the compensation to the heirs of disappeared persons on monthly basis. The court rejecting the AAG report regarding the matter, summoned the secretaries Law as well as Human Rights Division on the next date of hearing.
The court also observed that it would determine the amount of compensation for the families of missing persons. He stated that the government had already paid the compensation to most of the families of disappeared persons and remaining heirs would get compensation on monthly basis soon.
Earlier, KK Agha also told the court that spy agencies had already conveyed in most of missing persons’ cases that they were not in their custody.
He said that the commission was recording the statements of the heirs of missing persons but they were reluctant to appear before the commission for recording their statements. On the other hand, father of Muhammad Idrees, who is allegedly disappeared by the spy agencies from Murree, told the bench that police had arrested his son but now he had disappeared from police station. He also informed that one friend of his son was also picked up from Rawalpindi but now he has been released after ten months.
Wife of another missing person blamed that a military colonel had disappeared his husband. She complained that despite of the court’s directions, Islamabad Abpara Police was not cooperating in this matter. Justice Jawwad remarked that those, who were not cooperating, would be accountable before God.
He observed that missing persons matter was the test case of heirs as well as court. Three cases of disappeared persons namely Fazal Karim, Haroon Khan and Muhammad Idrees were referred to the commission. The hearing of the case is adjourned till November 16, 2011.
Courtesy www.dailytimes.com.pk