Seeking exemption: ISI, MI officers plead case for their bosses

LHC Rawalpindi bench had summoned the two spymasters for April 7 in a missing person case.

ISLAMABAD:

Two separate applications have sought exemption for the country’s two top spymasters from appearing in person in the court proceedings of a missing person case on April 7.

The Lahore High Court Rawalpindi bench had on March 19 issued summons for Inter-Services Intelligence (ISI) Director General (DG) Lt-Gen Zaheerul Islam and Military Intelligence (MI) DG Maj-Gen Sarfraz Sattar along with the chief of the Intelligence Bureau and the Punjab inspector general during the hearing of the case of Khan Badshah’s enforced disappearance. Later, on March 27, the bench directed the defence secretary to ensure the spy chiefs appeared in court.

On Thursday, two serving officers from the ISI and MI submitted separate applications along with affidavits before the LHC Rawalpindi bench, requesting the court to recall its summons against their bosses.

LHC judge Justice Ibadur Rehman Lodhi will take up the applications for hearing today (Friday). Additional Attorney General Tariq Khokhar will argue on behalf of the ISI and MI officers who moved the applications, namely Major Tariq Malik and Brigadier Riaz Ali Qazi.

The affidavits filed by the two intelligence officers – copies of which are available with The Express Tribune – stated no useful assistance could be gained from the personal appearance of ISI and MI chiefs.

The officers said the two spy chiefs were not in Rawalpindi at the moment and for operational and security reasons, their whereabouts were classified. They pointed out that the Supreme Court and Islamabad High Court has exercised judicial restraint in similar situations.

At the same time, they assured the court that the two agencies would complete inquiries on the matter and file their respective reports before the next date of hearing.

“The scene of the occurrence [disappearance of Khan Badshah] is Wah Cantt, which is covered by MI service sector Rawalpindi. This court will be provided appropriate assistance by officers from MI service sector Rawalpindi… who shall assist this court as and when directed. Such a course will be more efficacious,” Brig Qazi said in his affidavit.

“The applicant is one such officer. He and others fully assist this court,” he added.

Regarding the case itself, both officers said an FIR had been registered, a joint investigation team had been constituted and the agencies have been directed to carry out a thorough probe and facilitate police investigators. They added that both the spy chiefs held the court in the highest esteem and had already directed departments concerned to extend full assistance for the recovery of the missing person.

The case was taken up based on a petition filed by Khan Badshah’s mother Nazeema Bibi before the LHC Rawalpindi bench. Nazeema, in her complaint, claimed men in plain clothes abducted her son from his residence in March 2013 and sought his recovery.

Published in The Express Tribune, April 4^th, 2014.