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Case
of disappearance.
HRCSA has drawn attention to a very serious
problem that has emerged of late in Pakistan. It is
the disappearance of people which is being reported
from different parts of the country. HRCSA has
pointed out that an unspecified number of students
have disappeared from Balochistan.
There have also been reports of unexplained
‘disappearances’ which have not led to the recovery
of the victims for several months — even years in
some cases. Previously, disappearances were mostly
cases of kidnapping for ransom. Some cases had
political enmity or personal vendetta as the motive
behind the crime.
Generally the victim was traceable and was also
recovered, except when he had been killed or was in
police custody. The situation has taken a very
serious turn now because there are far too many
cases where the victims’ whereabouts cannot be
ascertained,causing intense mental agony to the
family.
Who are these people who have disappeared? In the
absence of any records, one can only guess. Many are
those who are picked up by the agencies or the
police. Although they should be aware of the
fundamental right of freedom of all citizens and the
legal processes that need to be followed if a person
is required for investigation or interrogation, the
authorities wilfully violate these and act
arbitrarily. They pick up persons unlawfully and do
not disclose their whereabouts even when a court
intervenes on a habeas corpus petition. The war
against terror that the government has been waging
has also provided the authorities with a the pretext
to pick up ‘suspects’ who, it seems, immediately
lose the fundamental rights
they enjoy under the Constitution. Equally bad is
the emergence of a new trend. People in a position
of power in social and economic life are acting
blatantly to deprive anybody they deem necessary of
his personal freedom. Take the case of the ten
members of Munno Bheel’s family, who were bonded
labourers and disappeared in 1998, two years after
their release had been obtained by the HRCP. They
are suspected of having been picked up by the
landlord who had bonded them. But the police have
not yet been able to trace the family in spite of
orders of a court. Another section of power wielders
in our society today are the religious bigots and
their madressahs. Numerous cases have been reported
of non-Muslim, especially Hindu,
girls being kidnapped and converted to Islam by
religious leaders. They are then lost to their
families since the madressahs where they are held
never allow access to these girls.
It is strange that this new phenomenon is hardly
being taken note of. The police are not proving to
be very helpful either since they are not too
willing to even register FIRs, leave aside actually
work to recover a person. In one case a Hindu woman
who was accused of blasphemy is reported to have
embraced Islam in jail at the hands of the chief
justice of a high court trying her case. It is time
the government took serious note of these
disappearances and got the police and the judiciary
to put their acts together to recover the victims.
The government should also ensure that the agencies
do not violate the law themselves.
The HRCSA could start a cell to keep records of
disappeared persons in order to publicize the
details and generate pressure on the authorities to
act.
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