It is written in the constitution of Pakistan that no person shall be deprived of his liberty, except in case of punishment after conviction of any offense by a court of law. In this regard, there is also the law of habeas bija, that is, if someone goes to the court and petitions that his loved one is imprisoned in such a police station and he has not been presented in the court within 24 hours, then the magistrate himself in the police station or any private place. Where the hostage is likely to be kept, will be raided, thus further legal action will be taken.
When the war on terror was started, the cases of enforced disappearances increased in the cases of forced disappearances, which were not carried out by the police but by the intelligence agencies of Pakistan, which the courts could not do anything about. Because now there was no police station and only someone's private property where raids were conducted. They were not allowed to go to the internment centers.
Finally, when the issue was highlighted, the government created the Commission on Enforced Disappearances in 2011, where families of missing persons started registering their cases and appearing before JITS of all agencies. This commission has also been a failure so far because it also does not have access to any internment centers and prisoners there, some families have been reunited with their loved ones through this commission, but thousands of cases have finally been closed. Or the time is running. Those whose cases were closed were closed if any institution refused to accept them in JITS, the commission also had to accept because they cannot go to any internment center themselves.
The same thing happened with the courts, for example a case of Rizwanullah was taken up in 2016. The family filed cases in both the High Court and the Commission. The commission had told him in 2021 that production orders for his loved one had been issued, but so far nothing has been given about Rizwanullah. Thus, the court was also unable to resolve their case when the family told them that the commission had asked them to release the production orders of their loved one, so the court asked for the production orders. When the commission was contacted, it was told by them that they had only told you verbally, but they could not provide the orders in the form of returns.
Now if production orders are given to the court then can they do anything?
Sadly, probably not. A permanent solution to this problem should be found now. Such a dysfunctional of courts, law and constitution will prove to be very harmful.
Data of missing person Rizwanullah
Name of Missing Person :
Rizwan Allah
Father's Name : Noor Rehman
ID card number :16 years old, ID card not produced
Father's Identity Card
Number : 21104-4573357-7
Nation : Bajaur
Occupation : Student
Educational
Qualification/Ability : 9th Class
On which date was the
abduction: May 24, 2016
Who kidnapped: The security forces
Abducted from which place: Tangi District Charsadda where he
used to study
Why the kidnapping: Unknown
Last meeting
with family: Didn't happen
Were you married or not, if so how
many children: Not married
Present Address:Tarkhu Tehsil
Mamond District Bajaur
Permanent Address :Tarkhu Tehsil Mamond
District Bajaur
Applicant: Habib (Brother)
Contact No
: 03000597856, 03086095198
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