Inclusion of ‘missing’ teenager in list of enforced disappearance cases irks SHC

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KARACHI: The Sindh High Court took exception to a decision of authorities for categorizing the case of a 14-year-old missing boy as of ‘enforced disappearance’ and summoned the DIG (investigation) for an explanation in this regard.

A two-judge bench headed by Justice Naimatullah Phulpoto observed that it was unable to understand on which basis a joint investigation team (JIT) for missing persons had declared the case of an underage boy as enforced disappearance whereas the boy had no criminal record.

It also directed the head of the JIT to appear in person on May 6 and ordered the DIG to replace the investigating officer of the case.

Murad Khan had petitioned the SHC and contended that his 14-year-old son had been picked up by law enforcement agencies in February 2015 within the remit of the New Town police station and since then his whereabouts were not known.

At the outset of the hearing, the investigating officer submitted a report that showed that the case of the missing boy had been categorized as of enforced disappearance.

When the bench asked the IO whether the missing boy had any criminal record, he replied in the negative.

`We are unable to understand on what basis JIT categorized the case of 14 years boy as a case of enforced disappearance. DIG investigation concerned shall appear before this court and explain the material on which case of the missing person has been categorized as a case of enforced disappearance. Head of JIT is also directed to appear before this court`, the bench in its order said.

The lawyer for the petitioner expressed dissatisfaction over the IO of the case and asked the court to replace him with a senior and competent officer.

After hearing the parties concerned, the bench directed the DIG (investigation) to entrust further investigation of the case to an officer not below the rank of superintendent of police. While adjourning the hearing till May 6, it also asked the heads of a provincial task force for missing persons and JIT to hold fresh sessions on the subject case.

While hearing several other identical petitions seeking whereabouts of missing persons, the bench also expressed resentment over frequent change and transfer of the investigating officers in such cases and directed the provincial police officer to look into to it.

`We once again observe that frequent transfer of IOs in the cases of missing persons creates dissatisfaction among families of missing persons.

Inspector general of police Sindh shall look into the matter`, it added.

The bench also deplored that in most cases of missing persons, serious efforts were not being made by the police for recovery of such persons and their families were very disappointed.

The secretary of the home department as well as IG Sindh must look into to the matter seriously, it said and ordered the PTF and the JIT for missing persons to repeat their sessions before next hearing.

Acknowledgement: Published in Dawn News on 1st April 2024.

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