by Nasir Iqbal in Dawn, November 25th, 2023
ISLAMABAD: Senior PPP leader Barrister Aitzaz Ahsan on Monday moved an in-chamber appeal challenging the Supreme Court registrar’s decision not to entertain his petition highlighting what it called unlawful practice of enforced disappearances of citizens.
The SC registrar office had, on Nov 8, returned the petition terming not entertainable, as Mr Ahsan didn’t point out “as to what questions of public importance” regarding the enforcement of fundamental rights were involved in this case. Furthermore, it observed, the petitioner invoked the extraordinary jurisdiction of the Supreme Court for redressing “an individual grievance”, which was not permissible.
In his appeal filed through Sardar Latif Khosa, Mr Ahsan regretted the recent surge in enforced disappearances and “reappearances” of citizen and urged the Supreme Court to exercise its original jurisdiction in accordance with its object and purpose.
“The powers of the registrar under the Supreme Court Rules 1980 are primarily administrative in nature and, therefore, the registrar does not have the power to give judicial determinations as couched in the registrar’s decision,” it stated.
Referring to the registrar’s questioning of public importance involved in the petition with reference to enforcement of the fundamental rights, the appeal contended that the bare perusal of the petition revealed that the fundamental rights were at stake.
“For decades, the people of Pakistan have been subjected to enforced disappearances. This illegal and unlawful practice continues with full force today. Despite the fact that a Commission of Inquiry on Enforced Disappearances has been established, it has failed miserably to address such malaise,” it contended.
Moreover, the appeal identified in detail the fundamental rights which are violated on account of enforced disappearances. These include the right to life and liberty, the right to be produced before a court 24 hours after arrest, freedom from torture, etc.
https://www.dawn.com/news/1792321/aitzaz-moves-appeal-in-missing-persons-case
