The Islamabad High Court’s (IHC) Justice Mohsin Akhtar Kayani has summoned a report from the defence secretary on the alleged role of state intelligence agencies in the abduction of Kashmiri poet and journalist Ahmed Farhad Shah, Dawn reported on Thursday.
Shah was allegedly abducted from his home on Wednesday. The Human Rights Commission of Pakistan had called on the authorities for his immediate release.
A petition was filed by Shah’s wife in the IHC the same day, requesting that he be found and produced before the court and to identify, investigate and prosecute those responsible for his disappearance.
Justice Kayani had conducted the first hearing on the matter a day ago and ordered Senior Superintendent of Police (SSP) Jameel Zafar to retrieve Shah at any cost, warning that he would otherwise summon the defence secretary.
Shah’s wife was represented in court today by Advocates Imaan Zainab Mazari and Hadi Ali Chatha, while SSP Zafar, Assistant Attorney General Usman Rasool Ghuman and other officials were also present, Dawn reported.
During the hearing, Justice Kayani asked the SSP whether he had ever received a “positive response” from institutions in investigations related to missing persons cases.
Justice Kayani further remarked that an investigation was not completed in any of the missing persons cases registered so far in the year.
“Shamefully, the whole nation knows who is doing what, the whole of Pakistan knows, including me, but we have closed our eyes,” he remarked.
“What a great system, the missing person can’t even come back and say anything. When the missing person turns up, he and his family are told to keep quiet,” he added.
Justice Kayani opined that there should be legislation against enforced disappearances and that those involved in the practice “should be hanged.”
“The fact is, those who are critical of the state are missing, most of them being journalists and social activists,” the judge said.
“I am summoning the ISI sector commander [for Islamabad] and defence secretary in a personal capacity. If the secretary cannot ensure the recovery, then I will summon ministers, and then the prime minister.”
He added that “if someone goes missing from the jurisdiction of the Islamabad High Court, the punishment will have to be borne by the IG.”
Justice Kayani also asked whether writing a letter to the security agencies would solve the problem.
Pakistan-based news daily reported citing a copy of a written order that said that the SSP informed the court that an investigation was underway for which a special investigation team was also constituted.
The SSP also said that geo-fencing was underway and CCTV footage of the incident was collected, after which multiple suspected vehicles were checked and letters were also issued to other law enforcement agencies, Dawn reported.
“At this stage, learned counsel for the petitioner contends that the petitioner has specifically nominated Inter-Services Intelligence in abduction; therefore, the secretary, Ministry of Defence, is directed to submit concise report after seeking reports from relevant quarters of Inter Services Intelligence as well as from Military Intelligence, with an explanation as to how and under what circumstances the detenue has been kidnapped and abducted from Islamabad Capital Territory, on the next date of hearing,” the order reads.
The case was adjourned till Monday.
Politician Mustafa Nawaz Khokhar said he attended the hearing and was “glad to see the court taking a categorical position” on the matter.
