State needs to change its mindset as judicial verdicts alone are not enough to end such practices, says CJP Isa
- Aitzaz’s petition seeks the establishment of an “effective” commission.
- Judicial verdicts are not enough, the State needs to “change its mentality”: CJP
- “The country has fractured”, CJP on forced disappearances.
ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday asked the federal government to convey in writing that there would be no more enforced disappearances in the country.
The development came as a three-member bench headed by Justice Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali heard the petition of lawyer Aitzaz Ahsan and other petitioners on the illegal practice of enforced disappearances, and prayed that declared violative of several articles of the Constitution.
“We do not want a statement from any section officer. The Government of Pakistan should inform us in writing that no one will be illegally disappeared anymore,” the CJP said during a hearing of the case.
Aitzaz had asked the court to declare that forced disappearances violate articles 4, 9, 10, 14, 19 and 25 of the Constitution, in addition to declaring that the Commission of Inquiry on Forced Disappearances does not adequately comply with legal and international standards.
Similarly, he asked the apex court to set up an effective and decisive commission.
He prayed before the apex court that the commission should be headed by a judge of the Supreme Court, while the members of the commission should be the president of the Supreme Court Bar Association, the vice-president of the Pakistan Bar Council, Lahore, Sindh, Peshawar, Quetta Bar Council heads, Human Rights Department. Chairperson of the Human Rights Commission of Pakistan, Chairperson of the National Commission on the Status of Women, Director General of Inter-Services Intelligence (ISI), Additional Director General of the Intelligence Bureau (IB) and Chairperson of the Pakistan Federal Union of Journalists.
At today’s hearing, the CJP lamented that the country has been “fractured” by its people, saying that the State needs to change its mentality as judicial verdicts alone are not enough to end the practice of forced disappearances. .
At the beginning of the hearing, Ahsan’s lawyer Shoaib Shaheen cited the Supreme Court verdict on the 2017 Faziabad sit-in.
The CJP asked how the Faizabad sit-in verdict relates to enforced disappearances. Lawyer Shaheen maintained that the court mentioned the role of intelligence agencies in the verdict.
Given this, the CJP asked Shaheen to explain the part of the Faizabad sit-in decision that applied to the participants of the Baloch protesters protesting against enforced disappearances.
The lawyer responded that the Faizabad verdict stated that peaceful protest is the right of every citizen and called for action to be taken against those who resort to violence.
“I am surprised that you are referring to Faizabad. darna verdict,” remarked the CJP.
Lawyer Shaheen said he had always referred to the Faizabad verdict. “If the Faizabad sit-in decision had been followed, such circumstances would not have happened today,” he added.
The high court adjourned hearing of the case till January 9.
