Islamabad High Court Criticizes Government for Mishandling Enforced Disappearances

Islamabad: The Islamabad High Court (IHC) strongly criticized the Commission of Inquiry on Enforced Disappearances during two separate hearings held on Wednesday, 3 July 2024, highlighting the government’s inefficacy in addressing cases of enforced disappearances.

Single Bench Hearing: Notice Issued to Attorney General

A single bench led by Justice Miangul Hasan Aurangzeb addressed the case of Atiq-ur-Rehman, who has been missing from Abbottabad since 2004. The court issued a notice to the Attorney General for Pakistan, seeking the government’s response on the matter.

Petitioner Hajra Bibi informed the court that Rehman’s case had been pending with the Commission of Inquiry on Enforced Disappearances, despite an intelligence agency admitting to holding him. The commission, however, had not issued his production order. Justice Aurangzeb questioned where the relatives of missing persons should turn for relief if not to the court, even suggesting the possibility of seeking help from international bodies.

“You can do it a hundred times in ordinary cases, but in such cases, we are under great pressure. What kind of commission is this?” Justice Aurangzeb questioned, addressing the commission officials.
The court questioned why contempt of court proceedings had not been initiated for non-compliance with the production order. The officials responded that contempt of court applies to individuals, not institutions, further frustrating the court. Justice Aurangzeb retorted that the commission should include individuals capable of preventing Pakistan from disgrace, indicating a need for more effective and accountable leadership within the commission.

Double Bench Hearing: Intra-Court Appeals Dismissed
A division bench, consisting of Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb, dismissed the federal government’s intra-court appeals against fines imposed on senior officials for their failure to recover missing persons. The appeals were in response to a single bench’s earlier decision in cases involving Sajid Mehmood, Umar Abdullah, journalist Mudassar Naaru, and others.
Previously, the single bench had fined the then defence secretary, chief commissioner, inspector general, deputy commissioner, and station house officer for their failure to recover these missing persons. The government was also directed to provide regular compensation to the families of the victims.
During the hearing, Additional Attorney General Munawar Iqbal Duggal appeared before the division bench but acknowledged that there had been no progress in locating the missing individuals. This prompted Chief Justice Farooq to express frustration, questioning the government’s ongoing delays and suggesting that the court might double the fines or summon the prime minister if necessary. Justice Aurangzeb also noted the repeated requests for more time without any tangible results.
The court criticized the Commission of Inquiry on Enforced Disappearances for its ineffectiveness, despite claims by Barrister Duggal that the commission had disposed of 7,500 out of 10,500 complaints. Imaan Mazari, counsel for Naaru’s mother, pointed out that the commission’s progress report even included the bodies of missing persons, underscoring the grim reality of the situation.
Ultimately, the division bench upheld the single bench’s verdict, dismissing the intra-court appeals and maintaining the fines imposed on the officials.

Media Team
Defence of Human Rights