ISLAMABAD: British-Pakistani Lawyer Forum – a body of practicing lawyers in the UK – appreciated the government over forming a committee to investigate the cases of missing persons and nominated a senior lawyer to represent them in the committee.

According to a press release, the forum expressed its deep gratitude to the Chief Justice of Islamabad High Court (IHC) Justice Athar Minallah, on his most commendable decision, announced on the matter of all missing persons.

The statement said that the Forum conveys its great appreciation to federal law minister Azam Nazeer Tarrar, who has set up the committee to look into this matter of growing menace of missing persons.

The forum nominated retired Col Inamur Rahim advocate to represent them on this committee.

The Islamabad High Court (IHC) Sunday directed the federal government to serve notices to ex-president Pervez Musharraf and all other successors — the former prime ministers, including the incumbent holder of the office — in cases of missing persons.

IHC Chief Justice Minallah last week issued an order in a case relating to the disappearance of journalist Muadassir Naro and five other people.

The court observed that “It has, prima facie, become obvious that the Commission, rather than achieving its object, has become a forum which contributes toward making the agony and pain of the victims more profound. Its proceedings seem to have become a mere formality and its adversarial nature undermines and violates the dignity of the loved ones,” it mentioned.

The federal government shall produce the missing persons before the court on the date fixed or justify the failure of the state to effectively investigate and trace their whereabouts, the court told the attorney-general in the order.

The order said once the government issues notice to the chief executives, including former President retired General Pervez Musharraf, they should submit their respective affidavits.

In the affidavits, the court said, they should explain why the court should not order proceedings against them for alleged subversion of the Constitution in the context of the undeclared tacit approval of the policy regarding enforced disappearances.

“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,” it said.

In case the missing persons are not recovered, nor effective and demonstrable actions are taken by the federal government, the court said, then the current and former ministers of the interior should appear in person to explain why the petitions may not be decided.

Published in Dawn, June 5th, 2022

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