Capital’s top cop summoned to update court on recovery efforts

IHC tells JIT probing case to submit its progress report in three weeks

ISLAMABAD: The capital’s top cop has been directed to appear before the court in person and explain what efforts have been made to recover the people missing from the capital while a joint investigation team probing cases of enforced disappearances has been directed to submit a progress report within three weeks.

This was directed by a division bench of the Islamabad High Court (IHC), comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani while hearing five appeals filed against a judgment by Justice Ather Minallah in the case of missing software engineer Sajid Mehmood.

Justice Minallah, in his verdict judgment on a petition filed by Mehmood’s wife Mahera Sajid, had declared that enforced disappearances are a crime against humanity and had directed the government to provide monetary relief to families of missing people.

Three of the appeals —filed by former Islamabad chief commissioner Zulfiqar Haider, former Islamabad deputy commissioner Captain (retd) Mushtaq and former SHO Inspector Qaisar Niaz – had been filed through private lawyers. Two other appeals were filed before the court on behalf of the state through the office of the Islamabad Advocate General and the one on behalf of the Defense Ministry through the office of the Attorney General of Pakistan.

When the case was taken up, Mahera’s counsel Umer Gilani sought a clarification from the government’s lawyers about whether the government of incumbent Prime Minister Imran Khan wanted to continue pursuing these appeals since the appeals had been originally filed during the tenure of a caretaker government.

Deputy Attorney General (DAG) Irshad Kayani confirmed that he was under instructions from the incumbent government to pursue the appeal and that so far no intention had been signalled to withdraw them.

Following Kayani’s statement, the court proceeded to hear the appeal.

Justice Farooq asked the investigation officer (IO) of the case about his opinion on who was allegedly behind the abduction. The IO confirmed that the detenu had been abducted by security agencies and proceeded to read out the relevant passages from the police diary.

To this, Justice Kayani lamented that when the state itself becomes involved in such crimes, it puts courts in a difficult situation.

He remarked that state officials should at least try to imagine what it would be like if such a tragedy had befallen their loved ones.

Justice Kayani further asked the IO about why he had not included officials of the intelligence agencies in the investigation.

Subsequently, the bench sought a report from the JIT probing the case and directed the inspector general of Islamabad Police to appear in person before the court at the next hearing of the case.

The federal government and local administration had challenged a judgment of Justice Minallah who had fixed responsibility on certain government functionaries for the failure of the criminal justice system in recovering a missing person and had ordered the state to pay monthly compensation and arrears to the missing man’s heirs.

The ministries of defence, Interior and Islamabad’s district administration had challenged Justice Minallah’s judgment passed on July 11 which held that “enforced disappearance is one of the cruellest and inhuman acts and categorized as a crime against humanity.”

For the first in Pakistan’s history, the high court had penalised a retired general and several civilian officials in the case of a missing person.

In the landmark judgment setting a new precedent in missing persons’ cases, Justice Minallah had stated that the act of enforced disappearance may also attract the provisions and offences defined under the Anti-Terrorism Act 1997.

The court held that it creates anguish, insecurity and fear for the close relatives, exposing them to grave economic and social consequences and it has the effect of creating a sense of fear and insecurity in society. 

Published in The Express Tribune, September 26^th, 2018.