All eyes are on the Islamabad High Court (IHC), which last week ordered Caretaker Prime Minister Anwaarul Haq Kakar, as well as the ministers for interior and defence, to appear in person today (Monday) in connection with a case related to enforced disappearances.
An IHC bench comprising Puisne Judge Mohsin Akhtar Kayani on February 13 summoned the country’s interim chief executive and his two cabinet members due to failure of the government authorities to recover some missing Baloch students despite repeated assurances.
Earlier, on November 22, 2023, the court had instructed the government to recover the missing students within seven days. It had noted that in case the authorities failed to comply with the order, PM Kakar accompanied by his ministers and secretaries for interior and defence would appear in the court.
On November 29, the interim PM did not appear in court due to a foreign visit. The government, however, made repeated assurances to the court that the students would return home soon.
At the last hearing of the case, on February 13, the court had rejected state law officers’ request to defer the matter in view of the Attorney General for Pakistan’s (AGP) absence.
The court had noted that the punishment for kidnapping for ransom is capital punishment and the punishment for enforced disappearances should be multiple death sentences.
Read also: IHC summons PM again in Baloch students' case
The IHC on Sunday issued its written order for the February 13 proceedings noting that it appeared that the federal government is not interested to uphold the law and protect fundamental rights of the citizens of Pakistan in terms of constitutional mandate.
“Rather [the] state departments are continuing with their high handedness [despite the orders of this court],” it said.
The court noted that at the second last hearing, the matter was adjourned till February 13 in view of an undertaking submitted by AGP Mansoor Awan. In the undertaking, the AGP had assured that by February 13, the government would submit details of the remaining 12 missing Baloch students.
The court then had made it clear that in case the issue of enforced disappearance is not resolved all the officials including the PM would be compelled to submit their undertaking “and thereafter, law shall take its course”.
The order mentioned that despite the assurance, neither the prime minister nor the secretaries of the ministries of interior and defence as well as interior and defence ministers submitted compliance of the order, which is “highly condemnable”.
Read: PM summoned in missing persons case
“In these peculiar circumstances, this court is left with no other option but to issue directions to the prime minister of Pakistan, both the ministers as well as secretaries to appear in person and explain their position as to why action should not be taken against them.
“[These officials] are sitting at the helm of the affairs but [are] not able to get the missing Baloch students released or recovered.
“Such aspect amounts to misconduct on their part; rather they are accomplices in the crime against the society where citizens of Pakistan have been deprived of their right of life and liberty.”
The order stated that the state institutions have no answer to explain their conduct rather there is a complete silence on their part.
“This court is clear that either state institutions [will] be held responsible for these abductions, kidnapping and enforced disappearance, which is a criminal act or there is complete failure of state functionaries towards performance of their official duties as they are not able to recover the alleged missing citizens,” it said.
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