Under which Article of the Pakistan’s Constitution do high courts have jurisdiction over enforced disappearance cases?
Article 184
Article 175
Article 199
Article 225
**Correct Answer: Article 199**
The Judiciary and Enforced Disappearances in Pakistan
Enforced disappearances remain a grave human rights issue in Pakistan. Despite widespread acknowledgment of the problem, the justice system has been slow to address it effectively. Chief Justice Yahya Afridi’s recent comments have reignited focus on the judiciary’s role in resolving these cases.
Constitutional Provisions: Article 199
- Jurisdiction of High Courts: Article 199 of Pakistan’s Constitution empowers high courts to address cases of enforced disappearances and other violations of fundamental rights.
- Limitations of the System: While this jurisdiction is clear, the backlog of cases and a lack of urgency have hindered timely resolution.
Judiciary’s Role and Challenges
- Systemic Delays:
- Cases of missing persons are treated as routine litigation, causing prolonged delays.
- Each day of delay compounds the suffering of families, eroding trust in the judicial system.
- Supreme Court’s Responsibility:
- As the guardian of fundamental rights, the Supreme Court must ensure high courts prioritize such cases.
- The CJP’s acknowledgment of the issue is commendable, but concrete actions are required to rebuild public faith.
- Institutional Reforms:
- Broader judicial reforms, such as aiding underprivileged litigants and enhancing the professionalism of judges, must accompany swift action on human rights cases.
Recommendations for Swift Justice
- Expediting High Court Cases:
- Establish dedicated benches for hearing enforced disappearance cases.
- Regular monitoring of case progress by the Supreme Court.
- Support for Families:
- Simplify legal procedures for families of missing persons to access justice.
- Provide financial and legal assistance to affected families.
- Strengthening Accountability:
- The judiciary must hold state institutions accountable for cases of enforced disappearances, ensuring compliance with court orders.
Conclusion
Enforced disappearances are a violation of human rights that tarnish Pakistan’s democratic values. The judiciary has a moral and constitutional duty to address this issue with urgency. Article 199 provides a legal foundation, but its effective implementation requires commitment and concrete actions. Pakistan’s missing persons and their families deserve no less.