CJP says ‘We cannot ask Parliament to legislate’

Islamabad: The hearing of enforced disappearances and missing persons’ case is underway in the Supreme Court which is being broadcasted live on television.

According to the details, a three-member bench headed by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa is hearing the case, Justice Muhammad Ali Mazhar and Justice Musrat Hilali are included in the bench.

At the beginning of the hearing, missing persons case petitioner Khushdil Khan Malik took to the rostrum, pleading that the court order the government to enact legislation on enforced disappearances.

Justice Muhammad Ali Mazhar remarked that the Commission on Enforced Disappearances has been formed.

Chief Justice Qazi Faez asked which commission has been formed. On which Khushdil Khan said that the Missing Persons Commission was formed under the chairmanship of Justice (R) Javed Iqbal but it has not done anything so far. The court should notify the government and ask why it has not made a law about missing persons for 50 years.

CJP Qazi inquired that how can the court order the Parliament to enact such and such legislation? Which Article of the Constitution allows the Court to order the Parliament to legislate? Every institute should stay within its limits.

The Chief Justice further remarked, ‘We cannot order the Parliament to enact legislation, in future you will criticize us for ordering the Parliament’.

He communicated to the petitioner that you do not need to come to my chamber, I have not received any petition. Supreme Court Practice and Procedure 2023 has become a law, you should bother to read this law. If you have a personal problem, then the procedure is different.

Justice Muhammad Ali Mazhar remarked that the court does not have the power to legislate, it can only declare the law null and void.

Meanwhile, Aitzaz Ahsan's lawyer Shoaib Shaheen came to the rostrum.

Chief Justice Faiz Isa stated that you are not Aitzaz Ahsan's lawyer, to which Shoaib Shaheen said that Latif Khosa's son is under arrest, so I have been given a power of attorney, objections were raised to our petition.

The CJP added that he is hearing the petitions by dismissing the objections as it is a matter of public interest. Something has happened in my absence and I have fixed these petitions for hearing as soon as I return.

Chief Justice Faez Isa inquired that what reservations did Aitzaz Ahsan express in the petition. Shoaib Shaheen replied that the point of people disappearing and then somehow appearing was raised.

The court inquired what do you want us to do. To which Shoaib Shaheen replied that the Missing Persons Commission could not and cannot perform its duty. 

Chief Justice of Apex Court inquired as to when this commission was fromed who was ruling the country. Shoaib Shaheen replied that the commission was formed in 2011 during the Pakistan Peoples Party (PPP) government.

On this, Chief Justice inquired whether Aitzaz Ahsan wants to suspend the notification of his own government. There is a proverb in English is don't stand in the kitchen when you can't stand the heat.

Shoaib Shaheen informed the court that according to the report of the commission, 2200 people are still missing, on this Justice Mian Muhammad Ali Mazhar remarked that the report also states how many people were recovered.

The Chief Justice remarked that Aitzaz Ahsan himself was a minister in the PPP government, Shoaib Shaheen replied that he was probably not a minister when the commission was formed.

Justice Faiz Isa inquired whether Aitzaz Ahsan is still in the PPP? Shoaib Shaheen said that yes, he is still in PPP.

During arguments, Shoaib Shaheen raised the issue of disappearances of Sheikh Rasheed, Sadaqat Abbasi and others.

Faiz Isa remarked if all these people have filed petition before us and if these all people do not have the means to come to court. 

He further said that if you want to politicize this issue, then this is not the forum, the person who can bring a review in the sit-in case can't file his case. If Sheikh Rasheed says in the future that he has no problem, Who is Shoaib Shaheen to take my name?

Shoaib Shaheen informed the court that Shireen Mazari presented a bill on the matter which had disappeared.

The judge Qazi Faez inquired if Shireen Mazari's bill related to missing persons had disappeared from the Senate, would Shireen Mazari have resigned, how many times Sheikh Rasheed himself had been a minister? Would you place Sheikh Rasheed in the category of innocent people? The problem is that when everyone is in office, no one takes responsibility.

The Chief Justice inquired whether the bill was misplaced from the Senate. Who is the chairman of the senate an dwho voted for him?

Shoaib Shaheen replied that Sadiq Sanjrani became the chairman of the Senate by the vote of the senators, on this Chief Justice Faiz Isa remarked that he should be name the party who voted for him.

The lawyer Shoaib said that he became the Chairman of the Senate due to the alliance of the PPP and PTI. On this Chief Justice Faez said that the Chairman of the Senate who was elected by the vote of your party lost your bill. Did you appeal to remove him? You made a serious allegation against the Senate Chairman.

Shaheen further said that I did not make any request on this issue in the application, this whole incident is written as a background, on this Chief Justice Faez remarked that you mentioned the missing bill, then Sadiq Sanjrani should have been party the party.

The Chief Justice inquired that who are Farrukh Habib, Usman Dar and Sadaqat Abbasi. Are you upset that they left PTI? Should we ask them to come back to PTI?

Justice Musarat Hilali inquired that all the missing persons came back and told that they were abducted. The people who were abducted or disappeared never stated that so and so kidnapped us but they said that they wre in the isolation.

Chief Justice remarked that you should speak about it if you are the eye witness of someone being abducted, or someone should come and say that I was kidnapped, then we will listen. How can you speak in their place Shoaib Shaheen, are you their witness?

Shoaib Shaheen replied that the whole of Pakistan is a witness.

On this, Chief Justice Faiz Isa remarked that you should not speak such a dialogue, you did not mention Peoples Party or Pakistan Muslim League-Nawaz (PML-N), your entire petition revolves around a political party, should we hear it as a political issue under Article 184-3.

Chief Justice Faiz Isa further said that you mentioned people belonging to only one party, all of them left the party, we have no solution for this. We want to take this matter very seriously, don't do political point scoring, The case of missing persons is of a serious nature, they will not allow making a joke of the court, the alleged missing persons of PTI are influential and some have returned.

He continued to sya that you also mentioned Imran Riaz, who is he? Is he still missing? To which Shoaib Shaheen replied that he is not missing now, but when he returned home, his condition was very bad.

Chief Justice inquired whether Imran Riaz is not influential? Was Matiullah Jan not abducted? Why don't you include the names of Matiullah Jan and Asad Toor, you are taking the names of people who do not stand on the fact that they were abducted, Matiullah Jan and Asad Toor did not say that they went to the northern areas.

Shoaib Shaheen said that I had appeared in the case of Mutiullah Jan, we have also raised the issue of Baloch missing persons in the petition, even then I condemned the injustice. Justice Musrat Hilali remarked that now you are condemning when the same is happening with you.

Chief Justice Faiz Isa remarked that the two journalists I am mentioning are not affiliated with any party. They are considered independent, if you had included all the names without discrimination, your application would have been stromg. Why is the sit-in about the missing persons not mentioned in the application?

Shoaib Shaheen said that my appeal is old, the police brutalized Baloch protesters, I will also put the case of Baloch protesters before you.

Chief Justice Faiz Isa remarked that how much time does it take to file another application? We cannot process on assumptions, file petition related to Baloch protestors.

Meanwhile, the court adjourned further hearing of the case till tomorrow.

It should be noted that several petitioners including senior lawyer Aitzaz Ahsan had filed petitions in the Supreme Court against enforced disappearances.