The case of missing persons


Adv Khursheed Jatoi;

The case of missing persons is totally against the fundamental rights of every citizens of Pakistan specifically in sindh and balochistan. It is the violation of the constitution of Pakistan to enforce disappearance anyone and  produce in the court of law. It is not only the violation of the constitution of Pakistan but also the violation of human rights. The fundamental rights are basic rights of every citizens by which everyone can be treated in accordance with fair trial and due process of law, it is also mentioned in the article 10 of the constitution of Pakistan that every person who is arrested and
detained in custody shall be produced before a magistrate within a period of twenty- five hours of such arrest and article 10-A also speaks about the fair trial and due process of law it based on the maxim of equity that no one should be condemned unheard fair trial means the right of proper hearing by competent authority along with having the opportunity to appoint an advocate to produce himself in the court not plead guilty of an offence but unfortunately law enforcement agencies violate the core principle of fundamental rights and constitution is considered as grundnorm which means no one is
above it. The constitution of Pakistan protects the rights of every citizens by the implementation through executive body and also provides the right to everyone for fair hearing within reasonable time. But in Pakistan there is no reasonable time is followed and people remained in unknown custody for many years there is no implementation of laws for those who are powerful, we can say might is right here powerless people can be catched easily and the imperative theory of John Austen is still existed in Pakistan, the imperative theory focuses on the order of the king not the existing laws and what the king says is the law. Law is only applied on pure people of Pakistan the strong pay no heed to either. This is
the hard luck for those who know the law he is out of its grip and law is applied on those who don,t know what the law is. The case of missing persons is increasing in Pakistan and now it has become natural that anyone of them speaks bluntly for his/her rights or the rights of others then they shall be considered as traitor and become the part of enforced disappearance. Recently an advocate muhib azad laghari kidnapped by some unknown persons in the vehicle that number plate at tando
jam Hyderabad. Karachi bar association has passed a resolution for the advocate enforced
disappearance by the law enforcement agencies.

-The writer is a columnist based in from sindh.


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