SHC directs federal and provincial govts to frame policy for cases of enforced disappearances

The Sindh High Court has directed the federal and provincial governments to frame a policy to deal with the cases of enforced disappearances and constitute a joint committee of all the law enforcement agencies (LEAs), including experts in dealing with cybercrime.

The direction came on a petition of a woman who had sought recovery of her two sons who had been missing since April 2014. The petitioner, Uzma Shahzadi, had submitted that her two sons Talha and Maaz had been missing since April 6, 2014.

A division bench of the high court headed by Justice Salahuddin Panhwar after perusal of the joint investigation teams’ report observed that there was no mechanism in writing with regard to persons who had voluntarily gone somewhere and the victims of enforced disappearance.

The SHC observed that the federal and provincial governments shall provide a mechanism by the law by providing categorisation in such cases. The high court observed that the policy shall provide a mechanism and remedy for enforced disappearances.

The high court directed the government to frame a policy by constituting a joint committee comprising competent officers of all the LEAs, including experts having legal equipment for dealing with cybercrime.

In another matter, the SHC directed the interior secretary to ensure a proper mechanism for the wanted accused if they had escaped and were required in cases. The high court directed the ministry of interior to contact with Interpol through issuance of notices against absconders after ascertaining their presence in any country.

Plea against ECL

The SHC directed the ministry of interior and Federal Investigation Agency to file comments on a petition of a Pakistan Tehreek-e-Insaf (PTI) leader against the placement of his name on the Exit Control List (ECL).

The petitioner, Khurrum Sher Zaman, submitted that he was elected twice as MPA of the Sindh Assembly and recently contested the general elections for the National Assembly constituency NA-241 Karachi.

He submitted that he wanted to perform Umrah and approached the passport authorities for renewal of his passport; however, he came to know that his name had been placed on the ECL. He said that he had been implicated in five criminal cases as part of political victimisation but had been granted bail in all cases.

He submitted that the restriction on his travelling abroad was unlawful and no right of hearing had been given to him by the competent authority prior to placing his name on the no-fly list. The high court was requested to set aside the travel restriction against the petitioner and allow him to travel aboard for performing Umrah.

The bench directed a federal law officer and the National Accountability Bureau (NAB) to file comments on a petition against the placement of the name of a woman on the ECL. The petitioner, Kiran Riaz, submitted that she amd others were booked by NAB in connection with a reference pertaining to causing a financial loss to the Pakistan International Airlines (PIA) of Rs127.845 million.

NAB alleged that the petitioners and other directors of cargo companies had failed to pay outstanding liabilities to the PIA in respect of cargo handling contracts and caused a loss to the PIA in 2002.

The petitioner’s counsel submitted that she was offloaded from a flight when she was proceeding to Saudi Arabia for performing Umrah without assigning any reason and despite the fact that she was on bail in the instant case. The counsel also questioned the jurisdiction of NAB to probe the financial matter and requested the high court to direct the ministry of interior to remove the name of the petitioner from the ECL.