Missing persons will reunite with their families, I assure you: PM Shehbaz to IHC

Prime Minister Shehbaz Sharif on Friday expressed his resolve for missing persons to be reunited with their families at a hearing on the matter in the Islamabad High Court.

"Missing persons will reunite with their families, I assure you," PM Shehbaz said.

The prime minister appeared in court to apprise it of the government's steps to address the missing persons issue.

Ahead of the hearing, other cases were removed from the cause list. The court notice stated that only the missing persons case will be heard.

IHC Chief Justice Athar Minallah said to PM Shehbaz as he took the rostrum: "We have troubled you because this is a major issue. This issue has been pending in this court for several months."

Justice Minallah regretted that the state's response has not been commensurate with its responsibility.

The chief justice, in apparent reference to retired Gen Pervez Musharraf, said: "A chief executive ruled the country for nine years. He proudly wrote in his book that he sold his people off abroad. This makes it seem that perhaps this was the policy of the state."

"If we speak of the Constitution, there cannot be a state within a state," he continued.

He said that the court is a constitutional forum and not an investigation agency.

Justice Minallah noted that the matter was sent to the federal cabinet and that a committee had been formed but "this matter is not only about the formation of a committee".

"This court felt it appropriate to tell you what the actual issue is," he said to PM Shehbaz.

The chief justice said that the commission on missing persons that was formed, held proceedings, and "what came forth was very painful".

"It is the state's responsibility to ensure redressal of their suffering," he stressed.

Justice Minallah said that people have been recovered from detention centres "but no action was taken".

"This impression affects our national security," he said, adding: "The political leadership has to solve this problem."

"Disappearing people is the highest form of torture," Justice Minallah said.

The chief justice said that the court had no other option but to approach the executive. "But when the state tells us they are unaware who has disappeared these people, what are we to do then?"

Appreciating that the prime minister had made the effort to appear in court, the chief justice said: "You are working for the flood victims but came to court understanding [the gravity of] this issue."

"Forced disappearances are a deviation from the Constitution. Or, you'll have to say that the Constitution is not in its original form," Justice Minallah said.

He said that the prime minister has the national security of Pakistan in his hands and the problems of this country will be resolved when the Constitution is fully restored.

"When a small child comes to court, who should the court make answerable?" he asked, adding that a meeting of the child with the previous prime minister had been arranged.

"You tell the court the solution. Who should be held responsible in the missing persons case?" the chief justice asked.

Meanwhile, PM Shehbaz Sharif said that it was his duty to respond to the court's summon and appear before it.

"The child (son of a missing person) requested me: 'Please reunite me with my father.'"

"It was extremely worrisome for me to hear these words.  I will not waste a single chance to fulfil my responsibility," the premier said.

Informing the court about progress of the committee formed for recovery of missing persons, PM Shehbaz said that the committee has held six meetings. He promised the court that he will present a report before the court for every meeting.

Meanwhile, Justice Minallah expressed annoyance that no actual work was done despite continuous assurances and the formation of committees by the authorities.

The chief justice said that police in uniform held two brothers from the federal capital. "A former ruler admitted that it was the state's policy to detain people," he added.

At this, the premier said that he and his brother were also targeted by the "dictator's policies".

"It is the state's responsibility if someone goes missing. Disappearing citizens is equal to breaching the Constitution," Justice Minallah reiterated.

Then Minister for Law Azam Nazeer Tarar asked the court if he could speak about a few matters.

In response, the IHC chief justice said that he does not want to hear that the government has formed a committee and is probing the case. "I am telling you, no missing persons case should be filed again in this court."

Justice Minallah told  Tarar and PM Shehbaz that all he wants is the previous missing persons cases to be resolved as his court was still getting complaints in this regard.

"This is an issue dating back 20-21 years, it will not be resolved within 10 days," the law minister told the court.

The chief justice asked why  Baloch students are then being profiled based on their ethnicity.

The law minister responded by saying that a permanent solution to the issue was dialogue.

Justice Minallah said that "even personnel from the Federal Investigation Agency pick them up".

Tarar said that there are "five to six reasons for this", at which the court said that it was the responsibility of the government to address them.

Justice Minallah said that if the constitution is violated, then everyone involved is responsible, and in case a person goes missing in the future, it would be tantamount to violating the Constitution.

"Your message is loud and clear, chief justice sahab," the prime minister said in response.

The law minister told the court that UN Secretary-General Antonio Guterres was in Pakistan and the prime minister had to meet him. At this, the IHC allowed PM Shehbaz to leave.

Moving on, Justice Minallah said that the issue at hand is that all the office holders claim that they were not involved, no matter what the issue. "If you can't resolve the issues, then why don't you leave your office?"

Attorney-General for Pakistan Ashtar Ali Ausaf said that indeed, this should be the case.

The law minister apprised the court that the incumbent government was a coalition government and it had allies like the MQM-P and parties from Balochistan — who keep on complaining about missing persons.

"We want everyone to be satisfied; we want an open dialogue."

The law minister said that the government was holding meetings in this regard every week and that it required two months to resolve this issue and not a week.

The court accepted the law minister's plea for resolving the case within two months and adjourned the hearing till November 14.