The Sindh High Court on Monday came down hard on the federal authorities for taking little interest in the cases of missing persons and deplored that no legislation had so far been made against enforced disappearances.

A two-judge bench headed by Justice Mohammad Karim Khan Agha further said: “We note that the federal government has been making hue and cry about tracing out the missing persons, but it appears from the conduct of the concerned secretaries that this is only for optics and no practical action is being taken.

“It’s quite an alarming situation that till date no legislation has been passed in respect of criminality for those involved in carrying out enforced disappearances.

“The federal government as it has done in the past when it faced difficulty in passing legislation, may consider promulgating a presidential ordinance under Article 89 to this effect since this matter is of extreme urgency and violation of the fundamental rights of the people,” it added.

The bench granted a last chance to the federal secretaries of ministries of interior and defence to collect reports from the internment centres regarding missing persons and submit the same in court before the next hearing.

It warned that in case of further non-compliance, appropriate action would be taken against them as per law.

When the bench took up for hearing a set of petitions about missing persons, it noted that despite a number of directives issued during previous hearings, the secretaries of interior and defence ministries neither filed reports nor turned up and violated its orders.

While adjourning the hearing till April 20, the bench as an indulgence and as a last chance directed them again to comply with its orders to collect reports from the internment centres through the quarters concerned containing the names of missing persons detained in these centres till the next hearing.

Order to block CNICs

The same bench on Monday directed the National Database and Registration Authority (Nadra) and the State Bank of Pakistan (SBP) to block the computerised national identity card (CNICs) and bank accounts of missing persons.

At the outset of the hearing, the SSP-investigation (II) submitted a report about missing persons and recommended that directives might be given to Nadra and SBP to block the CNICs and accounts being maintained in the names of the missing persons in different banks.

The focal person for the Sindh home department also submitted a statement stating that it had approached the interior secretary, KP home secretary and Rangers headquarters regarding the presence of missing persons in internment or rehabilitation centres.

The bench said in the event that such reports were not submitted on the next date of hearing, the interior and defence secretaries would be summoned for in person appearance.

Meanwhile, the bench also issued directives to the Sindh home secretary in several identical petitions to ensure that the sessions of a provincial task force on missing persons must be held within seven days.

by Ishaq Tanoli in Dawn, March 23rd, 2021
https://www.dawn.com/news/1614084/shc-slams-federal-govt-for-lack-of-interest-in-missing-persons-cases