Such suits, not verdicts, can threaten democracy: Judge

ISLAMABAD Justice Javed Iqbal, while observing that incumbent government has completely failed to fulfil its duties regarding missing persons case, has remarked that such cases can pose a threat to democracy.
Justice Javed remarked this on Tuesday while heading a three-member bench of the Supreme Court that is hearing some 45 applications of missing persons.
How can democracy get jeopardised all of a sudden? Even judges have rendered sacrifices more than anyone else for the restoration of democracy and they are more patriot than others, Justice Javed wondered.
Not any judicial verdict but cases like missing people pose threat to democracy, as independent judiciary itself is a basic element for the stability of democracy, Justice Javed explained.
During the course of proceedings, the bench directed the Attorney General of Pakistan (AGP) Anwar Maqsood Khan to consult with the Interior and Defence Ministries secretaries as well as heads of intelligence agencies for early recovery of kidnapped persons. No intelligence agency or institution is exempted from the Constitution, as the majesty of law is blind, Justice Javaid said in response of arguments of government counsel.
The apex court also urged upon both Houses of the Parliament to play their due role in legislating law for the early recovery of abducted people. It also directed the AGP to chalk out strategy to solve the matter of missing people saying the AGP would also have to submit a detailed report before the apex court within two weeks.
Human rights activist Asma Jahangir informed the court that missing persons were picked up by intelligence agencies and were never produced before the court. The officials of these agencies are also torturing missing persons, she added.
The court also observed that Prime Minister Syed Yousuf Raza Gilani promised in his maiden speech that missing persons of Balochistan would reach their homes before his speech finished, but only a few persons returned homes.
Balochistan Package may not be successful in meeting Balochs demands until the matter of missing persons is solved, Justice Javed observed.
The court also asked how Dr Aafia Siddiqi was arrested from Karachi and later shifted to Kabul from where she was handed over to the USA. Who are responsible for that whole tragedy? the court inquired.
The apex court is the part of the Constitution as well as its custodian. However, the SC did not create the Constitution, he stated.
The court also termed Interior Ministrys report as stereotype, adding that it was an old report. We asked for up-to-date report, the judges said.
According to the details provided in the report, some 416 people are missing and out of them 264 have been identified while 162 are still remained missing. Advocate General Sindh Yousuf Khan Leghari told TheNation that only 12 persons from Sindh are missing.
Justice Raja Fiaz in response to Asma Jahangirs question asked, Was there an administrative order for kidnapping the innocent persons? Who had ordered to kidnap the persons from their homes without any prior permission from the concerned authorities? he said.
He said the law enforcement agencies should also be taken to task as they had failed to trace the missing persons.
This is not a Mughal era, Justice Javed observed saying, The issue of missing persons is directly linked with target killing in Balochistan.
Justice Sair Ali remarked that missing persons cases is bigger than NRO cases. However, he said, the apex court is unlikely to summon agencies heads to explain the matter.
Meanwhile, Hashmat Habib argued that the relatives of missing people are still confused, as their dear ones were not being traced by the authorities concerned.
The court adjourned the hearing of missing persons cases for two weeks saying the next hearing would be on day-to-day basis and all the application would be clubbed with regard to aforesaid case.