The Supreme Court on Monday in its order on pending missing persons cases observed that law enforcing and secret agencies should desist from such practices which were not permissible under laws except following legal procedure for addressing criminal issues.
A two-member bench comprising Justice Raja Fayyaz Ahmed and Justice Anwar Zaheer Jamali, after conducting proceedings on the issue noted in its order that no official or state functionary was competent to arrest or lift any citizen unless there was sufficient material on record, otherwise, appropriate action would be taken for violation of the laws.
The bench said ‘all state functionaries, agencies and government functionaries are subject to law and constitution and they are supposed to act only in accordance with the law and to obey command of constitution.’
The violation of such orders might entail legal consequences as laws should be strictly adhered to, the bench warned.
The bench further said that they had already observed during hearing of identical pleas that any person found involved in terrorist activities directly or indirectly be brought before the court of law.
It said that it hoped that all organs would honour Court’s observations made from time to time.
The bench also directed secretaries ministry of defence and interior to remain present on each date of hearing as they were alleged in the issues in hand.
The bench further observed that it was the right of families of missing persons to know whereabouts of their missing relatives and it was the responsibility of concerned quarters to trace them out.
At the outset of the proceedings, the bench sought attention of the Attorney General for Pakistan Molvi Anwar ul Haq towards two other missing persons cases including that of Zaibun Nisa and Qari Abdul Samad.
Justice Raja Fayyaz Ahmed observed that they would not like stereo- typed material in these cases.
“Where is Constitution which guarantees rights of every individual. We would not desist registration of criminal cases against those who are directly or indirectly involved.
There should be height of everything. We are not living in medieval age. Every functionary has taken oath under the Constitution to preserve it,” he said. He observed that flagrant violations of Court’s orders were made.
He said in case of unsatisfactory answers, they would pass direct orders against those responsible.
The bench also observed that in few months number of cases of missing persons had been accelerated which was an indication that there existed no law.