Pak court issues notice to Musharraf, Imran, Shehbaz over 'enforced disappearances'

The Islamabad High Court (IHC) has directed Pakistan's federal government to serve notices on former president retired General Pervez Musharraf and all successive chief executives, including Imran Khan and incumbent premier Shehbaz Sharif, for following an "undeclared tacit approval of the policy regarding enforced disappearances".

IHC Chief Justice Athar Minallah issued a 15-page order on Sunday (29 May)  in a case related to the disappearance of Pakistani journalist Mudassar Mahmood Naro and five other people after their petitions were fixed for final arguments, but the federal government requested an adjournment, reports The Dawn. 

"Retired Gen Pervez Musharraf and all other successor chief executives i.e. the former prime ministers, including the incumbent holder of the office shall submit their respective affidavits explaining why the court may not order proceedings against them for alleged subversion of the Constitution in the context of undeclared tacit approval of the policy regarding enforced disappearances and thus putting national security at risk by allowing the involvement of law enforcement agencies, particularly the armed forces," Justice Minallah said. 

"Pervez Musharraf has candidly conceded in his autobiography In the Line of Fire that 'enforced disappearances' was an undeclared policy of the state," he added.

"The onus is on each chief executive to rebut the presumption and to explain why they may not be tried for the offence of high treason," IHC chief justice said in the order.

He further said the armed forces had and continued to render sacrifices for the security and integrity of the country and ought to be respected by every citizen otherwise security and integrity of the country and its people would be exposed to being jeopardised.

However, the order continued, "the involvement or even a perception of the involvement of the armed forces in acts amounting to violation of human rights and freedom of the citizens weakens and undermines the rule of law".

Justice Minallah said in case the missing persons were not recovered nor effective and demonstrable actions/decisions were taken by the federal government, the current and former ministers of interior shall appear in person to explain why the petitions might not be decided and exemplary costs imposed upon them for the unimaginable agony and pain suffered by the petitioners on account of lack of response and empathy while dealing with their grievances.

"The learned attorney general shall satisfy the court that in case of alleged disappearances in future why criminal cases may not be ordered to be registered against the chief executives of the federation and the concerned provinces," the order said.

The Pak court also lamented the role of media for not effectively highlighting the issue of missing persons and observed that, "the print and electronic media has a pivotal role in highlighting the unimaginable ordeal and agony of the families of the missing persons but it appears that they either prefer to ignore the worst form of abuse of state power and violation of fundamental rights or they do not consider it a priority."

The court observed that the phenomenon of enforced disappearances exposed the victims to unimaginable pain and agony and the state, instead of fulfilling its constitutional obligation of protecting its citizens from harm, assumed the role of an executor sans due process.

"The loved ones of the petitioners are missing and the State has so far failed in its constitutional obligation to satisfy them that the disappearances are not 'enforced disappearances'," the order added.

If further said the court had exercised utmost restraint to enable the organs and institutions to fulfill their constitutional obligations but, for reasons best known to them, the worst form of abuse of state power and violation of fundamental rights had been dealt with in a manner amounting to mere eye wash.

IHC on Wednesday (25 May) proposed that the prime minister and the federal cabinet compensate the legal heirs of missing persons since they are responsible for the safety and security of citizens and oversee the intelligence and investigation agencies.

"The practice of enforced disappearances has existed in Pakistan over a considerable time. The existence of this phenomenon is intolerable in a society governed under the Constitution," the court noted.

It further observed that enforced disappearance was "a crime against humanity and one of the most detestable manifestations of violation of fundamental rights".