ISLAMABAD – While hearing a missing person case, the Islamabad High Court (IHC) Tuesday observed that Prime Minister and members of the Federal Cabinet would be responsible for failure on part of the State to protect the constitutionally guaranteed rights of citizens.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah made the observation while hearing a matter of a missing person Imran Khan whose mother had petitioned for safe release of her son who is a computer engineer and was working in the UAE.
The bench stated in its order that the Joint Investigation Team after concluding investigations had formed an opinion that it was a case of ‘enforced disappearance’ and the Commission of Inquiry on Enforced Disappearances is also treating the case as ‘enforced disappearance’.
It added that the security, wellbeing and safety of a citizen is a constitutional obligation of the State and the alleged disappearance in the case in hand had taken place in 2015 while the alleged crime scene is in the Islamabad Capital Territory (ICT).
The court said that the ICT has a total area of 1400 square miles, which is directly controlled and supervised by the federal government and the alleged disappearance had taken place in 2015 and till date the State has failed in tracing the whereabouts of the petitioner’s son.
Justice Athar noted that the ultimate responsibility of law and order in the 1400 square mile area of Islamabad Capital Territory is that of the federal cabinet.
“As a corollary, the latter i.e. the worthy Prime Minister and members of the Federal Cabinet would become responsible for failure on part of the State to protect the constitutionally guaranteed rights of the citizens because the “buck stops at the top”. “Enforced disappearance” is the most heinous crime and intolerable in a society governed under the Constitution,” observed the IHC Chief Justice.
He added that the worst victims of an “enforced disappearance” are the loved ones of the citizen who goes missing. Their pain and agony is indeed unimaginable. The petitioner’s son had gone missing in 2015 and the State functionaries have declared it a case of “enforced disappearance”.
Justice Athar further said, “The State itself acknowledges its complacency and yet the petitioner has been exposed to unimaginable agony and suffering. Who should be held responsible when the alleged disappearance takes place from 1400 square mile area of Islamabad Capital Territory? The buck stops at the top.”
“Why the Federal Government i.e. the worthy Prime Minister and members of the Federal Cabinet may not be declared to be responsible for alleged “enforced disappearances” from the Islamabad Capital Territory? Why in the instant case this Court should not declare every Prime Minister and member of the Cabinet responsible who have held the respective public offices from the date when the petitioner’s son went missing till his whereabouts have been traced or at least a satisfactory explanation is given for the latter’s absence,” maintained the IHC bench.
Then, the court summoned the Attorney General for his assistance regarding the questions highlighted above. It added that the Attorney General is expected to submit a list of the Prime Ministers and members of the Federal Cabinet who have held the said offices from 2015 till the next date of hearing.
The bench further said that the AG is also expected to inform this court that why exemplary costs may not be imposed on those who may be declared responsible for the failure of the State to give a satisfactory explanation for disappearance of the petitioner’s son.
Later, the court deferred the hearing till February 18 for further proceedings in this matter.
In the petition, the petitioner said that her son Imran Khan was picked up from his home situated at Sector G-10 of Islamabad and was taken to some unknown location in a double-cabin vehicle six years back.
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