Constitution Petition No. D-770 of 2017
Date Order with Signature of the Judge
1.For hearing of Misc. No.4106/2017
2.For hearing of main case.
10th May, 2018.
Petitioner present in person.
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.
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Once again progress report has been submitted by the Investigating Officer with no result. The Investigating Officer says that 5th JIT meeting is scheduled to be held on 15.05.2018. Let the minutes of said meeting be made available before this Court on or before the next date of hearing.
The petitioner who appeared in person and while weeping prayed that her husband may be recovered and handed over to her at an earliest as her family is facing great hardship due to missing of her husband whose whereabouts are not known since 02.02.2017. She further stated that she herself is running pillar to post but no heed has been paid to her requests.
Perusal of progress report reveals that it is nothing but a futile exercise just to pass on time or to linger on the case without making any concrete or hectic efforts by the Investigating Officer. Since 02.02.2017 the law enforcement agency could not succeed to make recovery of missing person, which 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. 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. We are not only Judges, but humans too and it is difficult to witness the sufferings of the affected families.
It may not be out of place to mention here that Article 10 of the Constitution of Islamic Republic of Pakistan, 1973 lays down safeguards against arbitrary arrest and detention. Accordingly, no arrested person can be detained in custody and is required to be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate. Furthermore, no such person is required be detained in custody beyond the said period without the authority of a magistrate.
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 the incommunicado has not been surfaced since 02.02.2017 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. He is further directed to make correspondence with all concerned agencies, jail authorities or detention/confinement centres, hospitals and all other possible places where the missing person could be found available and submit copies of all correspondence alongwith his progress report on next date. Adjourned to 06.06.2018.
J U D G E
*Aamir/PS* J U D G E