Judge presses for action on disappearances

IHC’s Justice Kayani proposes capital punishment for missing culprits

ISLAMABAD:

Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) proposed legislation to impose the death penalty on individuals found guilty of enforced disappearances in the country. He emphasized that accountability should apply to everyone, including himself.

During the hearing of a petition for the recovery of Ahmad Farhad, a missing person, the judge remarked on the alarming trend of individuals disappearing, particularly those who openly advocate for the rights of missing persons.

He expressed dismay that such incidents continue despite knowing the perpetrators.

Lawyer Iman Mazari, representing Farhad's wife, and Hadi Ali Chattha appeared before the court, highlighting the circumstances of Farhad's disappearance from his residence in Islamabad two days prior. The public prosecutor assured the court that a special investigation team had been assembled, which was working towards his recovery.
Senior Superintendent of Police (SSP) Jameel Zafar informed the court that Farhad was picked up from outside his residence. However, due to the darkness, the number plate of the vehicle used in his apprehension could not be discerned.

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The SSP Operations disclosed that the Federal Investigation Agency (FIA) was actively engaged in tracing the vehicle number, while efforts concerning geofencing and call data record (CDR) analysis were ongoing, acknowledging that these processes would require additional time. He further mentioned that correspondence had been dispatched to all police chiefs and agencies regarding the matter.

Lawyer Mazari raised concerns regarding the involvement of secret agencies, prompting Justice Kayani to inquire whether the SSP had received any responses to the letters. The SSP responded in the negative. Justice Kayani expressed confidence in the police force but highlighted the limitation of police investigations, noting that they did not go beyond a certain point.

The public prosecutor highlighted that upon return, missing persons often claim they were in Kaghan. Justice Kayani remarked that "unknown persons" could teach this alibi within 24 hours.

He lamented that upon their eventual return, impoverished individuals are instructed by their families to remain silent about their experiences.

Justice Kayani advocated for legislation mandating the death penalty in cases of missing persons. He expressed hope for the enactment of a "missing persons act" to address such cases comprehensively.

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Justice Kayani emphasized that those who advocate for missing persons' rights often become victims themselves, including journalists and political activists. He reiterated that everyone, including himself, should be held accountable.

Asserting his commitment to addressing the issue, Justice Kayani stated that he was prepared to summon the prime minister if necessary, underscoring that failure to take action against kidnappers would not be tolerated. He instructed the Inspector General (IG) to ensure accountability for any missing individuals.

Questioning the efficacy of merely writing letters to law enforcement agencies, Justice Kayani warned that if missing persons were not recovered promptly, he would take decisive action. He requested a report from the interior secretary and summoned a defence ministry officer for the next hearing scheduled on Monday.