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SHC warns of summoning PM in missing persons’ cases

• Bench orders authorities to use modern devices to locate ‘disappeared’ individuals

• Compensation to be paid to families after cabinet’s nod, court told


KARACHI: The Sindh High Court on Thursday hinted at summoning the caretaker prime minister if police and provincial administration could not make any progress in recovery of missing persons.


The SHC warned the law enforcement agency and administration to produce the missing persons in court or else it would pass appropriate orders in this regard.


When the hearing began, a two-judge bench comprising Justice Naimatullah Phulpoto and Justice Amjad Ali Sahito was informed that no progress was made in almost all the cases of missing persons fixed for hearing on Thursday.


Justice Phulpoto remarked, “The court may summon the prime minister if police and administration are powerless.”


The bench further observed that cases of the people who had gone missing from Karachi were pending for the past 10 years, but no progress had been made regarding their whereabouts.


It also deplored that there were numerous sessions of the joint investigation teams and the Provincial Task Force (PTF) for Missing Persons in these matters, but there was no positive outcome.


Justice Amjad Sahito remarked that the SHC had been hearing 10 to 15 petitions relating to missing persons on a daily basis for almost a decade. He observed that the court could have disposed of a number of other cases during this period.


The bench directed the home secretary and DIG-investigation to personally look into the matter of missing persons and use modern communication devices to locate their whereabouts.


On a previous hearing, the bench had also summoned the home secretary over a delay in providing financial assistance to the families of missing persons after a provincial law officer had submitted that compensation had been given in some cases to the families of missing persons while remaining cases were pending before the home department for consideration.


On Thursday, additional advocate general (AAG) contended that the home department had sent a summary to the chief minister regarding financial assistance to the families of 18 missing persons, who had been categorised as enforced disappearance cases.


He further submitted that the compensation would be paid to the families after approval of the provincial cabinet.


In 2021, the SHC had directed the federal and provincial authorities for extending financial assistance to families of missing persons in case a head of the family had gone missing and his relatives were facing a financial crisis.


In April last year, a provincial law officer had informed the SHC that one-time compensation of Rs500,000 for each family of 12 missing persons, whose cases fell within the category of “enforced disappearance”, was being provided.


Published in Dawn, November 24th, 2023


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