ISLAMABAD: Islamabad High Court Chief Justice Athar Minallah on Monday expressed severe displeasure at the practice of enforced disappearances, saying \u201cchief executives\u201d of the country were ultimately answerable for such acts and at one point wondered if they should be charged with Article 6 of the Constitution (high treason).<\/p>\n
Justice Athar Minallah gave these remarks during an exchange with Attorney General of Pakistan Barrister Khalid Jawed Khan while hearing a petition filed by the family of missing journalist Mudassar Naaru.<\/p>\n
In August 2018, Naaru went on vacation to the Kaghan valley, but has since been missing. He was last spotted near the Kaghan River. Initially, his family and friends thought that he may have accidentally fallen into the river and drowned, but his body was never found. Others began speculating that Naaru may have killed himself \u2014 a claim instantly rejected by the family, saying he had no signs of despair.<\/p>\n
His family subsequently tried to register a first information report against \u201cunidentified persons\u201d. When the police refused to cooperate, they were forced to approach civil rights organisations but to no avail. A few months following his disappearance, one of his friends said he had spotted Naaru at a detention centre for \u2018missing persons\u2019.<\/p>\n
In a previous hearing of the case, it had been asserted that Naaru, who was also a social activist and human rights defender, had been receiving threats allegedly from officials of state institutions before he went missing.<\/p>\n
In the hearing on Monday, the IHC chief justice called enforced disappearances a \u201cstain on Pakistan\u201d and the \u201cworst form of corruption\u201d as he noted that former chief executives nowadays take pride in the practice by writing about it in their books.<\/p>\n
\u201cHad the state existed somewhere, why would the affected family need to approach the court, and why would we need to bring this to the prime minister\u2019s notice?\u201d the chief justice questioned.<\/p>\n
The attorney general said that enforced disappearances would stop if a million people took to the streets, saying such a mass protest got the practice discontinued in Iran.<\/p>\n
The judge remarked that Naaru\u2019s family should have found justice before they approached the court. \u201cWe expected that the federal cabinet would do something after meeting children of the missing journalist.\u201d<\/p>\n
The attorney general said \u201cour geography, unfortunately, warrants us to take into consideration national security as well.\u201d<\/p>\n
To this, Justice Minallah said the primary purpose of national security was the protection of citizens.<\/p>\n
\u201cShould we impose Article-6 on all chief executives in the missing persons\u2019 case and begin their trial?\u201d the chief justice wondered.<\/p>\n
The attorney general explained that Article-6 cannot be implemented on those who were [previously] convicted under the same section.<\/p>\n
\u201cWe can create a hall of shame with pictures of all former chief executives in it,\u201d the chief justice remarked.<\/p>\n
\u201cWhy just the ex-chief executives? All others should be added,\u201d AGP Khan replied.<\/p>\n
Justice Minallah also wondered if the press was able to report on enforced disappearances freely. \u201cIf the press was [indeed] independent, the pictures of missing person\u2019s families would have been in paper every day.\u201d<\/p>\n
The attorney general sought additional time from the court, saying \u201cI have never contested such a case in my life.\u201d<\/p>\n
The court granted four weeks to the attorney general to assist the IHC in the case and adjourned the hearing till January 18, 2022.<\/p>\n