The Supreme Court adjourned the hearing of a case related to missing persons till 11:30am on Wednesday, while Chief Justice of Pakistan (CJP) Qazi Faez Isa remarked during the hearing that the court could not order parliament to enact legislation.
On Tuesday, a three-member bench of the Supreme Court, headed by CJP Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the case related to enforced disappearances and missing persons, which was broadcast live on the Supreme Court's website.
During the hearing, appeals against the decisions of the Islamabad High Court were withdrawn by the federation.
Petitioner Khushdil Khan Malik’s arguments
The petitioner argued that the Constitution gave a way to deal with missing persons in 1974. However, the Law and Justice Commission did not do its job, and the federation also failed to fulfil its responsibility. The court should order that a law on the issue be passed and enacted also.
The burden on the courts will be reduced due to the legislation. The Interior Ministry formed a commission under the supervision of Justice (retd) Javed Iqbal, on which the CJP asked for its notification.
The CJP asked if the Supreme Court can direct parliament to legislate and sought reference to a constitutional provision under which this was possible. He remarked that the apex court cannot order parliament to enact legislation.
The chief justice also remarked that every institution should work within its limits, while Justice Muhammad Ali Mazhar remarked that the court has no power to legislate; it can only declare a law null and void.
Arguments of Aitzaz Ahsan's counsel
During the hearing, Aitzaz Ahsan's lawyer Shoaib Shaheen extended his arguments. The CJP inquired about the concerns Aitzaz Ahsan has expressed in his application. The lawyer said it was about those disappearing and then reappearing in a similar way.
He also remarked that the missing persons commission could not and has not been able to do its job.
On being asked when the commission was formed and during whose government, Shoaib Shaheen said it was formed during the PPP government in 2011. The CJP inquired whether Aitzaz Ahsan wants the notification of his own government suspended.
Shoaib Shaheen said that according to the commission's report, 2,200 people were still missing, and Justice Mazhar remarked that the report also states how many people have been recovered.
The chief justice also asked whether Aitzaz Ahsan was still with the PPP. To which Shoaib Shaheen replied in the affirmative.
Disappearances of Sheikh Rashid, Sadaqat Abbasi, others
During the hearing, the lawyer also raised the issue of disappearances of former minister Sheikh Rashid, Sadaqat Abbasi and others, on which the CJP inquired whether all these people had personally become petitioners. The CJP told the lawyer if he wanted to make the issue political, this wasn’t the forum.
He also asked if Sheikh Rashid could be considered in the category of innocent people. He also asked who were Farrukh Habib, Usman Dar and Sadaqat Abbasi. “Are you upset that they have left the PTI? Should we ask these people to return to PTI?” he asked.
Justice Isa also remarked that if someone was picked up in front of Aitzaz Ahsan, he could comment, or if someone came personally and said he was abducted, then they’d listen to them. He also asked the lawyer if he was a witness. Shoaib Shaheen replied, "the entire Pakistan is a witness".
Justice Isa also remarked that the lawyer had mentioned only one party's members and all of them had left it. “We have no solution to this. We want to take this matter very seriously,” he added.
Shoaib Shaheen said they also raised the issue of Baloch missing persons in their application. The CJP remarked they would not allow the court to be used for political purposes.
The CJP remarked that if the missing persons bill had disappeared, it meant there was a big conspiracy, and it had now become a case of missing bills instead of missing persons.
Shoaib Shaheen said former PTI leader Dr Shireen Mazari presented a bill on this issue that had disappeared. The CJP inquired whether Mazari resigned over this issue. “The problem is that no one takes responsibility when they are in office. Did this bill disappear from the Senate? Who is the Senate chairman and by whose vote was he elected?”
Who is Imran Riaz? Asks chief justice
CJP Isa remarked that the petitioner had also mentioned Imran Riaz Khan, asking who he was and if he was still missing. Shoaib Shaheen replied that he was not missing anymore, but when he returned, he was in a bad state.
He also asked if journalist Matiullah Jan was not abducted and why his name along with that of Asad Toor was not being mentioned. “You are naming people who are not pleading they were abducted.”
The CJP also said Matiullah Jan and Asad Toor had not said they went to the northern areas.
Protest of Baloch youths
Justice Hilali inquired whether the lawyer was picking and choosing. On which Shoaib Shaheen raised the issue of missing Baloch citizens since 2014.
The CJP told the lawyer that the protest of Baloch students was not mentioned in his petition, to which Shoaib Shaheen said he could file a miscellaneous application on the issue. He also told the CJP he wanted a new international level commission to be formed on the missing persons.
Justice Isa said the court wanted to solve the problem of missing persons once and for all, adding that these people also included those who went away with jihadi organizations.
Hearing adjourned till tomorrow
The CJP then adjourned further hearing till tomorrow and directed the attorney general to be present in court. This problem would only be solved only when done together and everyone took responsibility.
Justice Isa told Shoaib Shaheen his petitions gave a political impression, to which the lawyer said the people mentioned were also human beings.
