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Friday, July 8, 2016

Does Owais Shah Kidnap Case Not Prove Violation of Article 25?

The abduction of son of Chief Justice Sindh High Court (Justice Sajjad Ali Shah) has been one of the hottest topics in the Pakistani media since June 20, 2016. CJ SHC`s son Owais Ali Shah went for shopping at a shopping mall in Clifton on June 20, and has been missing since. His car was recovered from the outside the shopping mall.
That news spread like a jungle fire all over the country. CM Sindh, Prime Minister, Army Chief, leaders from different political parties as well as other prominent personalities condemned the incident and expressed solidarity with the Chief Justice of SHC. Different lawyers` bodies too staged protests over it. Chief Justice of Pakistan, Justice Anwar Zaheer Jamali directed Sindh´s Chief Secretary, Inspector General Police and DG Rangers to make efforts for the earliest recovery of the CJ SHC`s son. Recently, the Supreme Court has also ordered the provincial government to dismiss SSP South Karachi in relation to the Owais Ali Shah`s kidnapping case. All this was the reaction of the abduction of CJ SHC`s son.
Sadly, we have witnessed nothing like that whenever a common citizen was abducted especially in Karachi. Dozens of Karachi-ites have been abducted from the same city like this, but no notice was taken by the relevant authorities. Majority of the victims were of Muttahida Qaumi Movement (MQM)`s workers & supporters who were picked by the law-enforcement agencies during the on-going Rangers-led operation.  
In May 2016, MQM submitted in the Supreme Court a list of its 171 missing workers who had been picked up by the paramilitary Rangers since they launched an operation in September 2013(http://tribune.com.pk/story/1096064/missing-persons-case-mqm-submits-list-of-171-workers/ ).
The workers who were extra-judicially killed are not stated here. MQM maintains a separate list for them. Although MQM raised this extremely serious issue in the Sindh and National Assemblies as well as in the Senate, no one gave an ear to it. MQM leaders, through press conferences, speeches and letters, tried to call attention of all the relevant authorities towards the victimization that its people had been facing, yet no action from them. Even the abductees` families had no option left other than staging protests outside the High and Supreme Court buildings to seek justice from the judges. Yet there was a complete silence from them as if everything thing was taking place as per the Constitution and the prevailing laws of the country. 
Question is, why are all the state authorities (from the Prime Minister of Pakistan to the Chief Minister Sindh and, similarly, from the Army Chief to the CJ of Supreme Court) so much concern about the only one missing case of Owais Ali Shah? Why are they getting so much active to ensure his safe recovery? Why did none of them show similar interest in the missing cases of common Karachi-ites? Did the 171 lives of abducted MQM`s workers even collectively not equate the value of one CJ SHC`s son? The Article 25 of the Constitution of Pakistan states, “All citizens are equal before law and are entitled to equal protection of law”.
There shall be no discrimination on any basis. So, is that not the sheer violation of the Constitution? 

During the 4th July`s proceedings, the Supreme Court ordered the provincial government to dismiss SSP South Karachi Farooq Ahmad for not having acted in time. “SSP`s such an act was a kind of facilitation to the kidnapers”, said the Justice Amir Hani Muslim. (http://urdu.abbtakk.tv/story-owais-shah-kidnapping-case-sc-ordered-to-remove-ssp-south-farooq-ahmed-for-his-post-04072016/ )
No doubt, criminal negligence definitely deserves a stern action. So keeping in view this, question is, was taking no action over the illegal arrests, enforced disappearances and in-custody torture on MQM`s workers (despite the constitutional petitions, SOS appeals and even protests by the abductees` families), a criminal negligence?
Could the lives of extra-judicially killed people not have been saved if the Supreme and High Court Judges have acted in time? Was such silence kept by the Pakistani state authorities not an intentional facilitation in the genocide of a specific community (Muhajirs)??
The Chief Justice of Pakistan Anwar Zaheer Jamali, while expressing his displeasure over the abduction incident said, “The kidnap of Owais Ali Shah has sent a wrong message to the general public besides causing disappointment and sense of insecurity amongst the judges and their families.”(https://www.thenews.com.pk/latest/130657-CJP-shows-serious-concern-over-kidnapping-of-Owais-Shah)Yes, that was true!
But, did the CJP ever realize what message have the enforced disappearances, brutal torture and extra-judicial killings of MQM`s workers (by the LEA`s) and, on top of all, the silence of the judiciary over it, been sending to the Urdu speaking community??? 
Very unfortunately, this extremely negative message has been conveyed to the Urdu Speaking (Muhajir) community for over last four decades, which has badly damaged the ethnic harmony among different communities in Pakistan.
Therefore, it is need of the hour to stop this nonsense and give a positive message to the victims compensating the disaster deliberately caused to them. Otherwise, the mounting sense of deprivation and isolation in the people of urban Sindh can erupt like a volcano. 

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