Ex-Justice Khokhar to head missing persons commission, SC told

ISLAMABAD: The Supreme Court (SC) was informed on Wednesday that the government had appointed Justice (retd) Faqir Muhammad Khokhar as the head of Missing Persons Commission.

A six-member constitutional bench of the Supreme Court, headed by Justice Aminuddin Khan, heard the missing persons case. The additional attorney general (AAG) informed the court that the government had appointed Justice (retd) Faqir Muhammad Khokhar as the new commission head, replacing Justice (retd) Javed Iqbal.

He told the court that the government wanted to create a missing persons tribunal. Justice Muhammad Ali Mazhar observed that legislation would have to be made for the missing persons tribunal. The AAG told the court that a cabinet committee was working on legislation. “How long will the legislative process be completed?” Justice Muhammad Ali Mazhar asked the law officer.

Justice Jamal Khan Mandokhail observed that the law already existed, adding that making someone missing was a crime. He remarked that if someone had committed a crime, he should be tried, and if he had not, he should be freed. The law officer submitted that the federal government wanted to settle the missing persons issue once and for all.

Justice Hasan Azhar Rizvi asked as to how many missing persons had been recovered by the commission so far. “Will those who were recovered come and tell where they were,” Justice Rizvi questioned. The Missing Persons Commission registrar submitted that those recovered did not say where they had gone.

Justice Mandokhail observed that they could only hope that the government would solve the problem, adding that parliament could not be asked to legislate. Later, the court adjourned the case for date-in-office (for an indefinite period of time).

Meanwhile, the constitutional bench also heard the case related to the right of vote for overseas Pakistanis. Sardar Abdur Razzak, counsel for the petitioner Sheikh Rashid Ahmed, told the court that the case involved the vote of overseas Pakistanis. Justice Mandokhail observed that time was short and the case would be heard soon, adding that the court would decide the issue before the next general election. The court then adjourned the case for two weeks.

The constitutional bench, while hearing a case regrading rehabilitation of 2005 earthquake victims, sought reports from the federal and provincial governments and the Earthquake Reconstruction and Rehabilitation Authority (ERRA) on the rehabilitation of earthquake victims. The court also sought the audit report of earthquake victim funds from the Auditor General of Pakistan.