Pakistan replaces controversial chief of missing persons commission
Critics say previous commission chief counted deaths and unreported returns as 'resolved cases' while failing to identify perpetrators
Commission has 'resolved' 8,216 of 10,467 total cases since 2011, with 2,251 still under investigation
Intelligence agencies accused of disappearances are part of the commission's own investigation team
New chairman Khokhar previously served under military rule and took oath under PCO in 2007
Justice (retd) Faqeer Muhammad Khokar has been appointed as the new head of Pakistan's Commission of Inquiry on Enforced Disappearances (CoIED), succeeding Justice (retd) Javed Iqbal. Iqbal's highly controversial tenure was marred by widespread criticism over the commission's handling of missing persons cases.
Enforced disappearances have long plagued Pakistan, with thousands of citizens allegedly abducted by security forces and intelligence agencies without legal process. Victims include parliamentarians, lawyers, political activists, journalists, students and suspected militants, who are often held in secret detention facilities for months or years. While some return, many remain missing indefinitely, leaving families in a desperate search for answers.
During his tenure from 2011 onwards, Justice Iqbal faced widespread criticism despite publishing monthly performance reports. His leadership was consistently challenged over the commission's ineffectiveness and its failure to hold state officials accountable for enforced disappearances.
The Islamabad High Court delivered a scathing assessment in 2022, declaring the commission a "liability" due to its lack of progress in resolving cases. Further complications arose from Justice Iqbal's simultaneous position as Chairman of the National Accountability Bureau (NAB), which raised questions about his ability to fully dedicate himself to addressing enforced disappearances.
In 2019, Justice Iqbal's reputation was further damaged when a video surfaced allegedly showing him engaging in inappropriate behavior with a woman seeking assistance in a missing person case. This incident intensified demands for his removal, with both parliamentary committees and civil society organizations calling for his resignation.
The Additional Attorney General informed the Supreme Court of Pakistan on Wednesday that the government has appointed Justice (retd) Faqir Muhammad Khokhar as the new chairman of the Missing Persons Commission, replacing Justice Iqbal. This announcement came during a hearing on enforced disappearances.
Commission’s performance on paper
The Commission of Inquiry on Enforced Disappearances (CoIED) was established in 2011, with Justice Iqbal appointed as its inaugural chairman. Its mandate was to investigate cases of missing persons and identify those responsible for enforced disappearances.
According to the Commission of Inquiry on Enforced Disappearances' monthly progress report released on January 1, 2025, 29 new cases were registered in December 2024. This brought the total caseload since the commission's establishment to 10,467. Between November and December 2024, the number of resolved cases increased from 8,172 to 8,216. As of December 31, 2024, 2,251 cases remained under investigation.
'Commission's authority remained unused'
In an interview with Nukta, Inam-ur-Raheem of the Council of Missing Persons criticized the commission's performance, stating that its only accomplishment was submitting court reports. "Despite having authority equivalent to a Supreme Court judge, the commission never exercised its power to issue contempt orders, even though it issued numerous production orders," he said.
"They claim success in their reports by marking cases as 'resolved' when missing persons are transferred to internment centers. However, they failed to issue internment orders," he said, arguing those internment orders should have served as official charge sheets for those detained in these facilities. In contrast, most detainees were held without being charged, he claimed.
Justice (retd) Faqeer Muhammad Khokar, who has been appointed to lead the Commission of Inquiry on Enforced Disappearances, pictured September 10, 2021. Courtesy Youtube/Qanoondan
Regarding the appointment of Justice (retd) Faqir Muhammad Khokhar as the commission's new chairman, Raheem expressed skepticism: "Like Javed Iqbal, he is also a PCO judge who served under a military dictatorship. Yet he continues to receive prestigious appointments, first heading the Organ Transplant Institute in Punjab, and now leading this crucial commission."
Raheem urged the government to appoint a recently retired judge with the energy and capability to lead the commission effectively. He argued against selecting judges in their 70s, stating they lack the dynamism necessary for such a demanding position.
Cases soared from 135 to 11,000 under Iqbal
In a conversation with Nukta, human rights activist Amna Masood Janjua revealed that she had filed approximately 20 petitions in High Courts seeking Justice Javed Iqbal's removal, citing dissatisfaction with his performance. "Despite our efforts, successive governments showed no willingness to remove him. When the government finally acted, he obtained a stay order from the High Court," she explained.
Janjua questioned the commission's effectiveness, noting, "When this commission was established in 2011, it had only 135 cases. Today, that number has grown to over 11,000. How can anyone consider this a success?"
Janjua further criticized Justice Iqbal over allegations of harassment, stating that beyond the widely publicized incident, three to four additional women had personally approached her with complaints about his misconduct.
"The commission misleadingly counts deaths of missing persons and those who return home as 'resolved cases,'" Janjua explained. "Yet they have never identified perpetrators for criminal prosecution. Those who returned home remained silent about their ordeals out of fear. Rather than pursuing justice, which was their mandate, the commission became preoccupied with inflating their success statistics."
Janjua emphasized that simply appointing a new chairman would not provide relief to affected families - real change would require a complete overhaul of the commission's methodology and approach.
'Fundamentally flawed'
Speaking to Nukta, human rights lawyer Imaan Mazari argued that the Commission of Inquiry on Enforced Disappearances serves no practical purpose. She maintained that the commission's flawed methodology and structure render the change in leadership - from Justice Javed Iqbal to Justice Faqir Muhammad Khokhar - irrelevant.
"The commission's Joint Investigation Team (JIT), which determines whether cases qualify as enforced disappearances and identifies perpetrators, includes representatives from intelligence agencies," Mazari pointed out. "These are the same agencies frequently accused of conducting the disappearances themselves."
Mazari explained that commissions are designed to be temporary bodies that resolve issues and ensure accountability, not permanent institutions. Despite possessing significant authority - including the power to issue production orders and hold parties in contempt - the commission has failed to achieve its mandate. She emphasized that its inability to take action against any perpetrators demonstrates its complete ineffectiveness in addressing the crisis of enforced disappearances.
The new chief
Justice (retd) Faqir Muhammad Khokhar, who was born on April 16, 1945, began his legal career after completing his B.A. and LL.B. degrees. His judicial career commenced with his appointment as an Additional Judge of the Lahore High Court in 1996, followed by his elevation to the Supreme Court in 2002. In 2007, he took an oath under the Provisional Constitutional Order (PCO) during the state of emergency - a decision that the Supreme Court later declared unconstitutional in 2009.
Facing potential disciplinary proceedings, he resigned in August 2009, ahead of his scheduled retirement in 2010. His post-retirement career included serving as Acting Chief Election Commissioner, working with the Punjab Judicial Academy, and hearing cricketer Umar Akmal's appeal to a three-year cricketing ban imposed on him for corrupt practices in 2020.
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