IHC Terms Commission On Enforced Disappearances A 'White Elephant'.

ISLAMABAD -- The Islamabad High Court (IHC) Thursday said that the Commission of Inquiry on Enforced Disappearances has not been able to effectively achieve its object of recovery of missing persons and termed it a 'burden on exchequer.'

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of a petition seeking recovery of a missing person Zahid Amin.

The bench stated in its written order that the Commission was constituted almost a decade ago and its main responsibility was to recommend to the federal government proposals to bring an end to the impunity against 'enforced disappearances'.

It added, 'It has become obvious by now that it has not been able to effectively achieve its object. The Commission is a burden on the exchequer and it ought to justify its continued existence.'

Justice Athar maintained that the court, after perusal of the report, is, prima facie, of the opinion that the Commission has failed in its duty nor can it justify its existence in the circumstances. In the case in hand, the Commission was satisfied that it was a case of 'enforced disappearance' and pursuant thereto it had issued a production order almost two years ago.

He further said, 'The Commission is, therefore, directed to submit a report and explain why no action has been taken nor recommendations made to the federal government so as to hold those public functionaries accountable who have failed to comply with its production orders.'

During the hearing, the Registrar of the Commission of Inquiry on Enforced Disappearances submitted a report. The IHC said that perusal of the report shows that Zahid Amin has been untraceable since 2014.

The bench mentioned that the Commission had also directed the

The IHC Chief Justice noted, 'It appears from the report that after issuance of the production order, the proceedings before the Commission have, prima facie, remained a mere formality. The petitioners are also aggrieved on account of the lack of response from the Commission.'

He added that the Court has repeatedly observed that when a citizen is no more traceable and the investigation leads to the conclusion that it is a case of 'enforced disappearance', then it becomes the obligation of the State to effectively trace the missing citizen in order to rebut the presumption of...