ISLAMABAD: Justice Javed Iqbal has said intelligence agencies are not above law adding if any evidence is found against them then legal proceedings will be initiated against them.
He gave these remarks while presiding over a 3-member bench of Supreme Court (SC) during the course of hearing of missing persons case on Wednesday. The other members of bench were Justice Raja Fayyaz Ahmad and Justice Anwar Zaheer Jamali.
Aamna Masud Janjua, chairperson of Defence of Human Right said her husband had not been recovered so far and number of missing persons had risen from 311 to 347.
“As to why the parliament does not make legislation in respect of missing persons. Parliament should enact laws”, Justice Raja Fayyaz Ahmad remarked.
“ No member of parliament is ready to take step in this respect. The family members of missing persons some times sit outside Quetta Press club and some times in front of parliament” Aamna Masood said.
“Family members of the missing persons have been protesting since several years outside Quetta Press Club but no one pays heed to their grievances. It is not only sorrowful but also regrettable”, Justice Javed Iqbal remarked.
Secretary of Missing Persons Commission has said commission will again go to Balochistan and review the cases of missing persons.
“ Interior minister and IGs should inform the court on next hearing as no way other than this was left now. Who will redress the grievances of these people. Family members of missing persons have said commission is not taking effective action against intelligence agencies. ”, Justice Javed Iqbal remarked.
“Number of missing persons is growing day by day. Although 222 missing persons have been recovered on the intervention of the court but strength of missing persons is increasing . No action has been taken at government level in this regard. No intelligence agency is above the constitution in the country. All the interior ministers should appear in the court. Time has come to take action”, Justice Javed Iqbal said.
“ IGs of all the provinces should appear in the court and present report. As to why the government does not take up this issue in the parliament and why it is feeling itself so weak. Why government is fearing from intelligence agencies. Is government having no control”, Justice Raja Fayyaz said.
“Parliament is supreme institution. It is not in our jurisdiction to direct the parliament. At least this matter should be brought to parliament. Then people say judges have started speaking excessively” Justice Javed Iqbal remarked.
Additional Attorney General (AAG) KK Agha said action be taken against the violators of law.
“So many problems surface up with the advent of democracy in the country. Foreign elements can not be neglected with reference to Balochistan. Our constitution is very beautiful. But the problem is this it is not implemented’, Justice Javed Iqbal observed.
“Legislation be enacted in respect of those people who are not involved in terror acts. Court has dealt with 400 matters pertaining to missing persons. Agencies are involved in 35 to 40 cases. FIR be lodged in respect of all missing persons. If FIRs are not registered then action will be taken against IG and not Havaldar”, Justice Javed Iqbal said.
The hearing of the case has been adjourned for two weeks.