Enforced disappearances a heinous crime, says IHC judge

Rules officials involved should be proceeded against for misconduct as well as criminal offence

ISLAMABAD: Expressing concern over the rise in missing persons’ cases, the Islamabad High Court (IHC) has called enforced disappearances a ‘heinous offence’ and ruled that officials involved in such crimes should be “proceeded against for misconduct besides criminal proceedings”.

In an order issued on Saturday with regard to a case of enforced disappearance of a couple, Nozair Hasan and his wife Omaima Hasan, IHC’s Justice Athar Minallah noted that this was the 90th case of enforced disappearance reported since January 2018.



Justice Minallah while expressing dissatisfaction on a report submitted by the Ministry of Defence (MoD) noted that it was not enough for the MoD secretary to state that the couple was not in the custody of intelligence agencies.

“In any event, no citizen can be taken into custody by any agency without due process of law,” he said.

The missing man is said to be a scientist associated with a sensitive institution. On Thursday, the MoD secretary informed the court the missing couple was not in the custody of the Inter-Services Intelligence (ISI) or the Military Intelligence (MI). The official added that a special probe had been initiated but it would be time consuming.

In the written order, the judge called the ministry’s report ‘evasive’, adding that it did not explain efforts made by the agencies to gather information regarding the incident and the whereabouts of the couple.

“It is also noted that taking into custody any citizen of Pakistan otherwise than under the law is tantamount to a heinous offence, which inter-alia, may expose the official to be proceeded against for misconduct besides criminal proceeding,” Justice Minallah stated.

The judge tasked the secretary to inform the court “whether the intelligence agencies under the control of his ministry lack the capacity and competence to safeguard fundamental rights of citizen by failing to trace the missing couple. The state functionaries act on behalf of the state and therefore they owe a fiduciary duty definitely exposes them to be held responsible”.

Subsequently, the court ordered the ministry, the inspector general of police (IGP) in Islamabad and the chief commissioner to submit reports from their respective departments regarding the missing couple.

The court also directed authorities to “identify the persons who were holding the post of chief commissioner Islamabad, district magistrate, Islamabad IGP and the station house officer of the police station concerned at the relevant time i.e. when the couple was allegedly abducted from their house”.



The court warned that in case of failure, “they shall explain as to why they may not be held accountable and proceeded against for breach of their fiduciary duty”.

Nozair Hasan’s father Khubaib Hasan had filed the petition and nominated the SHO of Ramna Police Station, the IGP Islamabad, the MoD secretary, the ISI director general and the Ministry of Interior’s secretary as respondents.

According to the petition, filed through counsel Colonel (retd) Inamul Rahiem, a group of fully masked armed men attired in black uniform along with few persons dressed in plain clothes trespassed into the couple’s residence and carried out a thorough search of the house on the night of January 12, 2018.

The petitioner said the men not only harassed the couple but also abducted them in front of their two minor children, leaving the kids screaming and crying for their parents. The petitioner prayed that the court direct the respondents to present the couple safe and sound before it.