Parliament Must Resolve Missing Persons Issue, Remarks Justice Jamal Khan Mandokhel

Islamabad: The Supreme Court’s constitutional bench has issued notices to the Attorney General, Ministry of Interior, and other stakeholders in the missing persons case, asking them to submit reports from relevant agencies. During the hearing of the case, Justice Jamal Khan Mandokhel remarked that in his view, the issue of missing persons is of utmost importance, with thousands of individuals still missing. He emphasized that the solution to this issue must come from Parliament.
Deputy Attorney General Javed Iqbal Vainis informed the court that the government is determined to resolve the matter of missing persons. He mentioned that a subcommittee had been formed after a cabinet meeting to address the issue and would present its recommendations to the Cabinet.
Justice Jamal Khan Mandokhel responded, stating that the missing persons issue cannot be resolved through mere rhetoric. Justice Hassan Azhar Rizvi inquired if any data was available with the Missing Persons Commission regarding who was responsible for their abductions. Justice Mandokhel noted that returned missing persons often do not provide any details, claiming they had gone to the northern areas for rest.
At one point, when Lawyer Latif Khosa suggested that the country had become a “deep state,” Justice Mandokhel interrupted him, urging him to refrain from political discourse and instead suggested that a joint session of Parliament should be convened to address the issue.
Latif Khosa pointed out that Balochistan was the most affected by the issue of missing persons, and he hoped that the matter could be resolved similar to the 26th Amendment. Justice Mandokhel responded that the 26th Amendment would be addressed in due course, adding that the nation and the judiciary are looking to Parliament for a resolution.
Lawyer Aitzaz Ahsan argued that Parliament does not have judicial powers, to which Khosa responded by saying that even members of the opposition party, PTI, had been abducted. Justice Musarat Hilali then asked if those abducted had revealed who had taken them. Khosa responded that some of those abducted included children.
Lawyer Faisal Siddiqui highlighted that some families had been without their loved ones for over 10 years, but the court’s previous order on the matter seemed to be missing. Justice Hassan Azhar Rizvi confirmed that the court’s order in the case had indeed gone missing, while Justice Naeem Afghan added that in a similar case in Balochistan, 25 lawyers had represented the families of missing persons, and after intervention by the Balochistan High Court, the missing persons had been returned. However, those who returned did not appear in court to give their statements.
Justice Naeem Afghan also mentioned that the purpose of recording the testimonies of returned individuals was to ascertain if any state institution, such as the military, was involved, so that appropriate action could be taken. He urged that any case involving missing persons should be treated as an example and that the individuals who had returned must have the courage to stand up.
Faisal Siddiqui further told the court that 350 people had gone missing after assurances from the Attorney General. He claimed that state officials were defying the court’s previous orders, and Aitzaz Ahsan echoed this, noting that the Attorney General had given assurances that no citizen would go missing.
Chief Justice Aminuddin Khan, leading the constitutional bench, expressed a desire to move towards resolving the issue of missing persons, while Justice Jamal Khan Mandokhel reiterated that all stakeholders must come together to understand why this problem exists and find a solution.
Justice Mandokhel concluded by stating that Parliament must assert its supremacy as recognized by the court, urging Parliament to address the issue. Aitzaz Ahsan suggested that individuals who were found missing and later returned from anchorpersons’ homes should be summoned by the court, to which Justice Aminuddin Khan responded that they would indeed be called.
Justice Musarat Hilali remarked that if the system were stronger, no one would dare to abduct individuals. Latif Khosa retorted that those who were abducted should be asked about the extent of the torture they endured. Justice Jamal Khan Mandokhel replied that Khosa should be asked in Parliament how much discussion he had initiated on missing persons.

The Supreme Court has adjourned the hearing of the missing persons case until next week.