Islamabad: Supreme Court on Thursday issued a short order after hearing the case of missing persons. The apex court expressed dissatisfaction over the government efforts made so far for recovery of the missing persons.
A three-member bench headed by Justice Raja Fayaz Ahmed along with Justice Asif Saeed Khosa and Anwar Zaheer Jamali after hearing of the case issued a short order.
The court directed that the cases where secret agencies had been blamed for the disappearance should be separated. The court ruled that any official of the spy agencies found involved in illegal detention or kidnapping of the citizens would be booked under criminal law.
The court observed that there was an alarming increase in the complaints of enforced disappearances of citizens. The court rejected the proposal to constitute a high-powered judicial commission to look into the matters.
The bench said it was cognizant of the importance of secret agencies’ role in defence of the country, but no one was above the law. It decided to hear the each missing person case separately.
Justice Raja Fayyaz Ahmed questioned whether the officials of the secret agencies were above the law. “If a civilian commit violation of law, he is hanged upside down, then why these are not taken to the task,” he remarked.
During the course of hearing, the members of the bench passed some critical remarks against the role of secret agencies.
Justice Raja Fayaz Ahemd observed that if FIR can be registered against an SHO then why the officials of secret agencies could not be booked.
Justice Asif Saeed Khosa remarked that no one could be allowed to ‘bomb the constitution in the garb of protecting people from terrorists.’ He maintained that time had come now not to tolerate anymore the phenomenon of forced disappearances. He said that no one was above the law and the spymasters were answerable as per law.
Secretaries of Interior and Defence ministries appeared before the court on notice.