IHC summons ISI major in missing persons case

Published: February 20, 2012
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The Islamabad High Court has summoned a major of the Inter-Services Intelligence agency to appear in a missing persons case.

The Islamabad High Court has summoned a major of the Inter-Services Intelligence agency to appear in a missing persons case.

The Islamabad High Court has summoned a major of the Inter-Services Intelligence agency to appear in a missing persons case.

IHC Judge Noorul Haq Qureshi on Monday heard a petition seeking the recovery of Dr Abdul Qayyuum and Dr Abdul Wahid. He put ISI’s Major Tariq on notice and directed him to appear before the court on March 14.

Qayyuum is said to have been picked up from Rahim Yar Khan while Wahid disappeared from Lahore. The two men have been missing since summer 2011.

The matter has become a burning issue with the Supreme Court and the Peshawar High Court also conducting hearing into enforced disappearances. New York-based advocacy group Human Rights Watch has repeatedly said that powerful intelligence agencies are responsible for these disappearances, particularly in insurgency-hit Balochistan.

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Reader Comments (35)

  • Shayan
    Feb 20, 2012 - 4:26PM

    thats Major trouble !

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  • Feb 20, 2012 - 5:08PM

    They have no right to do this. They should know that ISI and Pak Army is the top institution in the country and cannot be called in court.

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  • Goraya Sb
    Feb 20, 2012 - 5:20PM

    Major Tariq a Scapegoat!!!

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  • Omair
    Feb 20, 2012 - 5:37PM

    Very good move. No one is above the law. Courts should be perceived to be equitable to all in order to be obeyed. Agencies should also respect the boundaries of discretion. No one is saying that intelligence agencies should not be able to investigate someone they suspect, but proper charges should be brought and remand sought from court to keep someone in custody. Holding people without any explanation for months and years is inhuman and smacks of arbitrary persecution. Majors and Colonels should not be given powers of Czars.

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  • butt jee
    Feb 20, 2012 - 5:47PM

    ISI should release all the suspects, and let some one else,courts, media or civil society do this job. Lets see if they can eliminate terrorism from Pakistan. Even if they could not eliminate terrorism, at least ISI will save itself from the wrath of the courts and the media.

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  • saleem
    Feb 20, 2012 - 6:04PM

    The courts have “no right to do this”. Yes, Zaird Hamid is right to say that the court has no right to call a low-rank official of Pakistan Army because that is “the top institution in the country”.
    It would be a useless exercise to argue legally, constitutionally or even logically or reasonably with Zaid Hamid, but I would like to ask him two common sense questions;

    1) Why, it is that an organ of the state has become the only top institution of the country? So much so that one of the three basic institutions (pillars) of the state (the judiciary) has lost its ‘right’ to call its middle-rank officials for ensuring rule of law in the country? Why it is so, Mr Zaid?
    2) What is the harm if superior judiciary summons a government employee to know the truth in a case in which human lives are on the line, when it can summon the leader of the most august and supreme institution (the parliament) to appear personally in a case related to just a conceptual notion that is called “contempt of court’?

    Saleem,
    Islamabad

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  • Feb 20, 2012 - 6:09PM

    Missing persons or missing terrorists ?

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  • major-ji
    Feb 20, 2012 - 6:31PM

    An officer of Major Rank in ISI has no authroity to abduct any one. Orders come from top and these GSO-II cadre officers are there just to implement these orders. May be scapgoat. Better to net big birds if some thing serious has to be done.

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  • Salahuddin
    Feb 20, 2012 - 6:33PM

    Just a Major? Wowwwwwwwwwwwwwwwwww :)

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  • Pakistani
    Feb 20, 2012 - 6:45PM

    who is responsible for mISIng persons?

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  • Ishrat Salim
    Feb 20, 2012 - 6:51PM

    Reply to Saleem…u r right…the court has the right to summon anyone…nobody is abv law.The judiciary after restoration in a democratic set-up, is trying to maintain the superiority of law…which nobody was expecting it,since all such people / institutions were not used to such rigid enforcement as in the past.Recommend

  • Lobster
    Feb 20, 2012 - 6:54PM

    Bold Step!! Good work Judge sahab

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  • Imran
    Feb 20, 2012 - 6:59PM

    When it come to the civilian government, the PCO judges don’t stop at anything less than the Prime Minister. For the ISI and the Army, a major is considered sufficient? Nice try PCO judges… but you should know you are muddying the judiciary yourself.

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  • Aisha Ahmed
    Feb 20, 2012 - 7:35PM

    @Pakistan politics:
    Dr Abdul Qayyum is not in any way a terrorist. He is a compassionate, hard working and sincere man who is loved by his whole community. You perhaps have no idea what it is like to worry about the well being of a loved one or to watch his young children watch the front door for over 7 months hoping against hope for his return. I am telling you he is not a terrorist, perhaps you may want to submit a more useful comment.

    It does not make a difference whether the Major is ordered to the court, at the end of the day there is no such thing as justice in Pakistan only power. Major will do as he pleases, attend or not attend. These agencies have no respect for any law, they cause pain and heartache to families of their vicitms.

    Dr Abdul Qayyum is not a missing person, he is an illegally abducted person. Recommend

  • khalid
    Feb 20, 2012 - 7:36PM

    let the court decide between ‘persons’ and ‘terrorists’ @Pakistan politics:

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  • Mirza
    Feb 20, 2012 - 7:48PM

    @Salahuddin:
    You are right on the money, just a major! While the PCO judges call the elected PM in court, they cannot dare call the ISI or army chief. This shows the extent of justice one can get from the independent judiciary in Pakistan.
    Regards,
    Mirza

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  • zullu
    Feb 20, 2012 - 8:19PM

    If they think these persons are guilty then why don’t put them on trial ???
    They just pick and release persons when and where they want ??
    A totally lawless country called PAKISTAN !!

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  • Feb 20, 2012 - 8:19PM

    ha!..unless the government repeals army act of 1952 (at least its amendment of year 2007), army enjoys complete legal immunity for all these acts (detentions, disappearances etc).. 2007 amendment was given effect from January 2003 by cunning Musharraf to legitimise the illegal acts of intelligence agencies..i dont think any judge can do anything about these missing people case AS LONG AS this act remains….
    so if the government wants to convince us that it’s serious about Balochistan, it needs to amend this law ASAP!!!

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  • shahnawaz taing
    Feb 20, 2012 - 8:51PM

    Human life,dignity and libeerty is paramount,it must be respected in every circumstances.No one shall be allowed to play with it..

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  • Aftab kenneth Wilson
    Feb 20, 2012 - 9:48PM

    I think there is a misprint here. It must have been ” Major General ” and not a major. It looks like a major mistake. Please get it confirmed again. Orders only descends from top and not from bottom.

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  • haroon ali
    Feb 20, 2012 - 11:42PM

    At most a Major rank person is questioned. Never has it occurred to the court to summon DG ISI or any General from the Army.

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  • major-ji
    Feb 21, 2012 - 12:11AM

    @haroon ali:
    You want honorable judges to loose thier jobs. Don`t be naughty!

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  • the patriot
    Feb 21, 2012 - 1:00AM

    come on let the courts grab these terrorists from isi and release them on the basis of lack of evidence…..wow what a justice…

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  • shiasishia
    Feb 21, 2012 - 1:42AM

    Pakistan means Punjabi country and a big tragedy for balochs, pashtuns and other minority.

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  • PakPunjabi
    Feb 21, 2012 - 2:40AM

    @Zaid Hamid:
    NO ONE SHOULD BE ABOVE THE LAW! I would like to see your reaction if, God forbid, Balochistan becomes independent. This very attitude led to conditions that led to the 1971 War and the devastating consequences that followed. Imagine if your close relative is picked up in the middle of the night, tortured and then his mutilated body dumped after 2 years. What you continue if your line of thinking?Recommend

  • aq.inqalabi
    Feb 21, 2012 - 3:53AM

    hahhahaah poor major , captains must be offering “namaze shukrana” ,,,,,, supreme court can call PRIME MINISTER (so called supreme commander) but cant call 21 grade General …. oops ….

    feelin sorry for poor major, sorry bro someone has to be escape goat , remember how AQ Khan was made escape goat to safe Pakistan so mr.major u must be proud of urself :)

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  • Dr Abdul qadeer
    Feb 21, 2012 - 4:23AM

    For more info regarding dr abdul qayyum abduction check…
    http://www.facebook.com/pages/Release-Dr-Abdul-Qayyum/158316530912027

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  • Isa Khan
    Feb 21, 2012 - 4:25AM

    They Should be called Missing Terrorist but still they have rights. As in Pak all these terrorist have right to bomb any place right they don’t tell when and where they are bombing so can be picked up like this too……

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  • saad
    Feb 21, 2012 - 5:58AM

    One should also look at the nature of institution and look upon there definition of terrorism . if these abducted people are terrorists then what about Raymond Davis ?Recommend

  • MarkH
    Feb 21, 2012 - 6:55AM

    I’m not saying they aren’t being as disappointing as everyone says. The odds of them going for someone higher are slim to none. But, to get a more high ranking officer, they do need testimony from others who would know. It’s possibly an attempt at cooperation through threat of punishment.

    …but only “possible.” I personally don’t see them as having it in them, either. But, surprises do happen. Rare though they may be in Pakistan.

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  • Abdullah
    Feb 21, 2012 - 7:15AM

    Dr Abdul Qayyum was illegaly abducted by ISI because he wanted to establish Khilafah….

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  • Sajjad
    Feb 21, 2012 - 10:16AM

    Missing doctors were linked to HT which is banned organization. HT was banned because Musharraf, the then President, on the orders of US banned it. Ban was challenged in LHC since 2006 and still is pending.

    Those working for Khilafah-e-Rashida in Pakistan in non-voilent way are subjected to arrests, abductions, tortures. But this has not stopped in any way the momentum and zeal of those sincere souls who stand steadfast in this tyranny.

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  • Enemy of Zaid Hamid
    Feb 21, 2012 - 4:14PM

    @Zaid Hamid:

    You are an enemy of Pakistan and you should be tried for treason…

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  • alicia
    Feb 21, 2012 - 4:20PM

    If these people were terrorists then they should have been arrested in a proper manner, tried in court and then sentenced. What is the point of making them disppear like this?

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  • Sensitive Eyes
    Feb 21, 2012 - 7:11PM

    This is highly unjustified to abduct serving educated doctors and peaceful citizens. If you have anything against them then bring it in the court so that every body can see? Why acting like a thief?? If abduction is justified then bring them to the court, and face this challenge.

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