Police ordered to record detained poet’s statement

Justice Kayani refers enforced disappearance cases to larger bench

ISLAMBAD:

The Islamabad High Court (IHC) directed the police on Friday to record the statement of poet Ahmed Farhad before a judicial magistrate under Section 164 of the Criminal Procedure Code (CrPC). The court instructed authorities to continue investigating his enforced disappearance based on his statement upon his return.

Justice Mohsin Akhtar Kayani gave the order while hearing a petition seeking Farhad's recovery and identification of those responsible for his abduction. Advocate Iman Mazari represented the petitioner. Additional Attorney General Munawwar Iqbal Dogal also appeared in the court.

During the hearing, Justice Kayani announced that he was referring the matter concerning law enforcement in Islamabad to a committee for decision. He said that the director general of the Inter-Services Intelligence (ISI) and others could appear before the administration committee.

Read Poet Ahmed Farhad's bail plea rejected by ATC

Justice Kayani stated that he was transferring the cases of missing persons to a larger bench. This decision aimed to ensure that if one judge's position differed, other judges could also consider it. He observed that some judges might disagree with calling the heads of intelligence agencies. “We need to establish boundaries,” the judge remarked. He expressed his commitment to exercising restraint to prevent harm but reiterated the court's dedication to protecting people's rights.

Justice Kayani remarked that nobody, including judges, was above the law and stressed the importance of institutions operating within their limits. He noted that the court proceedings seemed to be adding to Farhad's difficulties.

Since Farhad was in judicial custody, the judge said, the case was disposed of. However, he directed that upon his return, his statement should be recorded before a magistrate and investigation into his disappearance should be carried forward in light of that statement.