PM to be booked if Baloch students not found: IHC

An Islamabad High Court judge on Wednesday expressed his extreme anger and frustration over the cases of enforced disappearance in the country and warned that if the missing people were not found, the court would order the registration of a first information reports (FIR) against the interim prime minister and interior minister.

IHC’s Justice Mohsin Akhtar Kayani was hearing the case about the disappearance of around 50 Baloch students.

In his hard-hitting observations, the judge noted that the cases were blamed on the state agencies, adding that it appeared that it had become a free-for-all society.

Attorney General for Pakistan (AGP) Mansoor Awan informed the court that 22 Baloch students had been found, but 28 were still missing.

The AGP added that efforts were under way for the recovery all the missing people.

Justice Kayani remarked that it was a matter of basic human rights but it seemed that there was no law and order in the country.

He added that everyone was resorting to whatever actions pleased them.

“Are these things done in a civilised society?” an irked judge inquired sarcastically.

Justice Kayani wondered why every recovered missing person did not wish to pursue their case.

He mentioned a statement of interim Interior Minister Sarfraz Bugti, who was present in the court, and had claimed that there were many examples of people going to Afghanistan and some of them dying while fighting with the Pakistani security forces.

“I am explaining this in very clear words,” he told the interior minister. “If the missing persons are not recovered, I will order an FIR against the prime minister and interior minister. The defence and interior secretaries will also be held responsible,” he added.

“All the missing are university students. Aren't they Pakistani citizens? All the blame goes on the state agencies. There is no exception for any agency that it had taken away people for years. When these questions arise internationally, we have no answers,” he observed.

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“Bring those who are terrorists to courts,” the judge remarked. “If we can hold [Indian spy] Kulbhushan Jadhav’s trial, we can hold anyone else's trial as well,” he continued.

Justice Kayani called for the resolution of the cases of enforced disappearances or bringing them to court.

The judge said that all the state agencies should have been asked about the missing person cases. He pointed out that the people affiliated with state institutions were blamed in such cases. He regretted that on the one hand, specific institutions were blamed, while on the other, there was no investigation.

The judge inquired why no action had been taken by holding any the state institution accountable.
He remarked that the defence secretary was responsible to ensure that agencies under him were not involved in any such activity.

“Our problem is that we don’t even believe that these are cases of enforced disappearance. The judges can’t go and recover these people. We can [only] deliver judgments,” he said.

“If anyone is involved in anti-state activities, take action according to the law, but bring him to a court,” he continued.

Justice Kayani acknowledged the sacrifices rendered by the state institutions for maintaining peace in the country.

“This country stands on the foundation laid by martyrs. There is no denying the sacrifices rendered by the [soldiers of the] Pakistan Army,” he noted, adding that there were other aspects that could not be ignored either.

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The court directed that details of the families of all the missing persons should be provided to a government committee.

The judge directed the interim interior minister to meet with the families of the missing Baloch students in two weeks and even travel to Balochistan if they lived there.

Justice Kayani pointed out that all the high courts and the Supreme Court had ruled that it was the state’s responsibility to support the families of missing persons. He warned that the families of the missing persons could claim damages from the high officials of the state institutions and hold them as the accused.

The judge ordered that if the missing students were not recovered till the next date of hearing, he would order the lodging of an FIR against the caretaker prime minister, the interior minister as well as the defence and interior secretaries.

Later, the court adjourned the hearing until January 10.

Talking to media persons after the attending the hearing, interim Interior Minister Bugti said the caretaker government would try its best to resolve the issue of missing persons.

“As the matter is sub judice, it should not be discussed publicly,” he added.

The interim minister said the caretaker Balochistan chief minister had formed an inquiry commission to probe into the murder allegations against the Counter Terrorism Department (CTD).

“If the allegation proved correct, action will be taken according to the law,” he continued.
Responding to a query, Bugti explained that there was a very thin line between self-disappearance, enforced disappearance and missing.

He insisted that there were many cases of self-disappearances, but those related to enforced disappearances were yet to be decided under the UN Charter.

“The commission would categorise the cases of self-disappearances, enforced disappearances and the missing persons after reviewing all [of them],” he said, adding that on the court’s directions, he would invite the families of the missing Baloch students and listen to their grievances.