KARACHI: The Sindh High Court has expressed serious resentment over provincial authorities for a delay in providing compensation to the families of 12 missing persons, who have been declared as the victims of enforced disappearance, and summoned the home secretary for Oct 24.

A two-judge bench headed by Justice Mohammad Karim Khan Agha observed that prima facie, this matter had simply been held up on account of bureaucratic laxity and warned that an appropriate order would be passed if the process was not expedited.

At the outset of the hearing, the bench was informed that in the light of its previous order, the office of the advocate general wrote a letter to the home secretary setting out the requirements needed to be complied with so that compensation could be provided to the petitioners/families in the cases of enforced disappearances.

It was further informed that there were 13 such persons and on Oct 6 the provincial government has sent a letter to the Karachi commissioner for furnishing certain documents within three days in order to avoid contempt proceedings so that a court order could be complied with.

Summons home secy to explain delay

The bench in its order noted that such letter was sent to the commissioner six weeks after the receipt of the letter of the AG office with no explanation and the commissioner had hardly any time to comply with this letter as well.

“We have also considered the requested documents which the Sindhhome department in their letter dated 06.10.2022 has requested from the Commissioner which include a copy of blank cheque leaf of the beneficiary which we find is an extraordinary requirement since someone can easily misuse it,” it added.

The bench directed the home secretary to appear in person and explain the delay in sending such letter and why he needed bank cheque leafs of the beneficiaries.

It noted that none of the petitioners in respect of 12 missing persons had received any payment from the provincial government.

“Prima-facie it appears that this matter has simply been held up on account of bureaucratic laxity which is not appreciated in a case of missing persons which involves fundamental rights and in the event that the machinery of Government of Sindh does not work more efficiently and speed up in paying the petitioners in respect of 12 missing persons, this court might pass appropriate order,” it concluded.

Last year, the SHC had put the secretary of the provincial social welfare department, director Baitul Mal, human development secretary to apprise it as to how the families of missing persons could be provided financial assistance and also asked the federal and provincial law officers to assist the court in such cases where the family heads had gone missing and families were suffering due to financial crisis.

In April, a provincial law officer had informed the SHC that a summary had been sent to the chief minister for sanctioning one-time compensation of Rs500,000 for each family of 12 missing persons whose cases fell within the category of enforced disappearance.

Published in Dawn, October 16th, 2022