Constitution Petition No. D-1628 of 2015
Date Order with Signature of the Judge
For hearing of main case.
19th April, 2018.
Mr. Muzammil Mumtaz, Advocate for the petitioner.
Mr. Ashfaq Rafiq Janjua, Assistant Attorney General.
Mr. Hakim Ali Shaikh, Additional Advocate General, Sindh.
Mr. Muhammad Iqbal Awan, Deputy Prosecutor General, Sindh
Mr. Pervez Akhtar, State Counsel.
I.O. DSP Waqar Jadoon (Investigation-I) Saddar Karachi-South
SIP Tariq Mehmood, Police Station Aram Bagh, Karachi.
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Progress report alongwith JIT report dated 05.4.2018 submitted by Investigating Officer DSP Waqar Jadoon (Investigation-I) Saddar Karachi-South and comments filed on behalf of SHO Police Station Aram Bagh, Karachi are taken on the record, copies of same have been provided to learned counsel for the petitioner, who may go through the same.
Since last about three years the law enforcement agency could not succeed to make recovery of missing person. We cannot shut our eyes to what allegedly intelligence agencies are doing with the missing persons as the legal proceedings are not being initiated in respect of the persons whosoever are held by any institution. However, non-recovery of missing persons is a tragedy. The cases of missing persons in our country are increasing day by day and turns into a sensitive issue, when a family misses its loved one, the members of said family have to bear great psychological traumas and kindness of others cannot heal the pain of losing loved ones. Police has also shut their eyes, the performance of JIT and PTF constituted in respect of the missing persons is nil and these might have been set up merely eyewash. Their performance reflects that no missing person will be recovered. In such view of the matter we are constrained to direct the DIGPs and S.S.Ps. to look into the matters relating to missing persons and adopt hectic efforts being their prime responsibility to protect the right of every citizen as guaranteed by Constitution of Pakistan 1973. Since it is an old case relating to the year 2014 and incommunicado has not been surfaced as yet the Investigating Officer is directed to observe and follow the directions of the Court and adopt all possible measures including modern techniques/technologies to surface the missing person and submit progress report on next date. Adjourned to 10th May, 2018.
J U D G E
*Aamir/PS* J U D G E