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ISLAMABAD: The Islamabad High Court (IHC) on Sunday ordered the federal government to produce six missing persons before the court on June 17 and issue notices to all the prime ministers since former President General (R) Pervaiz Musharraf.
In a verdict issued by Islamabad High Court Chief Justice Athar Minallah called enforced disappearances an “undeclared tacit policy of the State” and asked the respondents to satisfy the court why they shouldn’t be tried for subverting the constitution, which stipulates basic rights of the citizens.
“In case the missing persons are not recovered … the current and former Ministers of Interior shall appear in person to explain why the petitions may not be decided and exemplary costs imposed upon them for the unimaginable agony and pain suffered by the petitioners,” the order reads.
Justice Minallah said the State, instead of fulfilling its constitutional obligation of protecting its citizens from harm, assumes the role of an executor sans due process.
He noted that former Prime Minister Imran Khan met missing Naru’s mother and son on the court’s order and directed the authorities for his swift recovery. However, no progress was made.
Justice Minallah said even after the change in the government, there was no difference in the State’s response on the issue of missing persons.
“The Court was expecting that the response of the newly formed Federal Government would be proactive … but neither the previous nor the present government … have been able to show and satisfy the Court … that “enforced disappearances” was not nor is a tacit undeclared policy of the State.”
The court order noted that former President Musharraf admitted in his autobiography that “enforced disappearances” was an undeclared policy of the State.
The court said the perception of the involvement of the army in enforced disappearance “is the most profound violation of public interest”
“The involvement or even a perception of the involvement of the Armed Forces in acts amounting to a violation of human rights and freedoms of the citizens weakens and undermines the rule of law.”
However, the court noted that the Armed Forces cannot act on their own and it is the responsibility of the government and the prime minister to ensure that the Constitution was not violated.
Mudassir Mehmood or Mudassir Naaru is said to have gone missing in August of 2018 while he was on vacation in Kaghan with his wife Sadaf Chughtai and their then six-month-old son Sachal. Sadaf was found dead at her Lahore home in May 2021 after campaigning for her husband for three-and-a-half years.
