Chief Justice Yahya Afridi’s recent “jolt” over the crisis of enforced disappearances in Pakistan is a welcome development. However, it risks becoming just another instance of belated recognition followed by inaction. While acknowledging the jurisdiction of high courts under Article 199 of the Constitution, the Supreme Court must not abdicate its responsibility in ensuring swift and effective redressal for these grave human rights violations.
The judiciary cannot remain a passive spectator while families of the disappeared endure unimaginable anguish. Each day of delay is a fresh wound, a constant erosion of hope. The high courts, burdened with a backlog of cases, often treat these as routine matters, failing to recognize the urgency and the profound human suffering involved. This approach is unacceptable.
The Supreme Court, as the ultimate guardian of fundamental rights, must actively intervene. This can be achieved through issuing clear directives to high courts to prioritize these cases, establish dedicated benches for their speedy disposal, and implement robust monitoring mechanisms. The court must also explore avenues to provide legal aid and support to the families of the disappeared, who often face insurmountable obstacles in navigating the legal system.
Furthermore, the judiciary must recognize that the credibility of the entire legal system is at stake. Impunity for enforced disappearances erodes public trust and undermines the very foundations of a just society. The time for careful deliberation has long passed. What is needed now is decisive action – a clear roadmap with timelines for addressing each case and ensuring accountability.
The “jolt” experienced by the Chief Justice must not fade into mere rhetoric. It must translate into concrete steps to ensure that the missing are either produced before the courts or their fate is explained to their families. Anything less would be a grave injustice and a betrayal of the trust placed in the judiciary. The fate of the disappeared and the integrity of the justice system hang in the balance.
The “jolt” experienced by the Chief Justice must not fade into mere rhetoric. It must translate into concrete steps to ensure that the missing are either produced before the courts or their fate is explained to their families. Anything less would be a grave injustice and a betrayal of the trust placed in the judiciary. The fate of the disappeared and the integrity of the justice system hang in the balance.
Moreover, addressing the root causes of enforced disappearances requires a multi-pronged approach. This includes strengthening democratic institutions, promoting rule of law, and ensuring accountability for all actors involved in human rights violations. The judiciary, as a key pillar of the justice system, has a crucial role to play in this broader effort. By effectively addressing the issue of enforced disappearances, the judiciary can not only provide justice to the victims and their families but also contribute to the restoration of faith in the rule of law and the strengthening of democratic values in Pakistan.
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