Lexway’s representation of families of missing persons on behalf of the Human Rights Commission of Pakistan, in Courts of Pakistan.

Mohammad Faisal, a 2nd year student of Shipowner’s College, North Nazimabad, Karachi, is missing since 9th January 2012. At the time of his disappearance his age was about 19 years. His father filed a Constitution Petition in the High Court of Sindh for the recovery of his son. Under the direction of High Court a number of JITs were formed but the agencies did not make serious efforts to recover him.

Surprisingly, through Order dated 8-9-2020, a Division Bench of the High Court dismissed the petition by observing that counsel for the petitioner, instead of filing Constitution Petition, should adopt proper course for recovery of the missing boy. Without any evidence, the High Court also observed that it was not a case of enforced disappearance and dismissed the petition.

The HRCP through Mr. Farhat Ullah, Advocate, who is a member of HRCP and Senior Partner at Lexway Law Firm approached Mr. Rasheed A. Razvi, Senior Advocate, and former President of Supreme Court Bar Association, who challenged High Court’s Order in the Supreme Court, and through Order dated 30-12-2021 the Supreme Court set-aside the High Court’s Order and remanded the case back to the High Court for the recovery of Mohammad Faisal. During the hearing the Supreme Court also observed that it is the duty of the state to ensure safety of its citizen and protection of their fundamental rights, and cases of enforced disappearance should not be summarily dismissed.

After the remand of the case to High Court Mr. Farhat Ullah, will pursue the petition.