ISLAMABAD: The Constitution Bench of the Supreme Court was informed on Wednesday that the federal government has appointed former Supreme Court judge Faqir Muhammad Khokhar as the new chairman of the Commission of Inquiry into Enforced Disappearance (CIED) in place of Javed Iqbal.
Additional Attorney General (AAG) Malik Javed Iqbal Vance shared this information before a six-judge constitution bench.
A constitution bench headed by Justice Aminuddin Khan took up the long emotional issue of missing persons.
Justice Iqbal, who also headed the commission set up in 2011 on the US operation in Abbottabad that killed al-Qaeda founder Osama bin Laden, was appointed chairman of the commission in September 2011.
Justice Mandukhel declared enforced disappearances a crime, demanding trial against the culprits
During the hearing, Justice Jamal Khan Mandukhel expressed disappointment and said that if the government had the will, it could have solved the long-standing problem of missing persons.
During the last hearing of the case of missing persons, Justice Mandukhel remarked that the solution to the illegal process of enforced disappearance of citizens lies only with the Parliament.
The AAG outlined the government’s intention to establish a missing persons tribunal through new legislation if the CIED fails to function satisfactorily.
On this, Justice Muhammad Ali said how much time will be taken in this legislative process. The AAG explained that the Cabinet Committee is already working on the law.
Justice Mandukhel lamented that the law on missing persons already exists, adding that enforced disappearance is a crime. If someone is guilty, he should be prosecuted. If not, release them.
AAG said that the federal government wants to comprehensively solve this problem once and for all.
Justice Syed Hasan Azhar Rizvi inquired that how many missing persons have been recovered by the commission so far and will these people ever testify where they were kept?
However, the CIED registrar told the court that the recovered persons are always silent and do not reveal where they have been detained.
Justice Musrat Hilali, however, emphasized the need for early legislation to end the chronic problem of missing persons.
Justice Mandukhel said that we can only hope that the government will take decisive action but we cannot force Parliament to enact legislation.
Earlier on January 3, 2024, a three-member bench of the Supreme Court headed by the then Chief Justice of Pakistan (CJP) Qazi Faiz Isa had ordered the federal government to submit an affidavit in writing, on which It was signed by the highest officials of the ministries. It is relevant that according to law no citizen shall be picked up.
Published in Dawn, January 23, 2025.
