Court appearance: Plea for top spymasters’ exemption accepted

Issues notice to the petitioner over applications from ISI and MI in missing person case.

ISLAMABAD:

The Lahore High Court (LHC) Rawalpindi Bench has accepted intelligence agencies’ applications, seeking exemption for the country’s top spymasters from appearing in person in court in a missing person case on April 7.

Justice Ibadur Rehman Lodhi on Friday issued a notice to the petitioner over applications of two officers from the Inter-Services Intelligence (ISI) and Military Intelligence (MI), requesting the court to recall its summons to their bosses.

The LHC Rawalpindi Bench had on March 19 issued summons to the heads of the two agencies along with the chief of the Intelligence Bureau (IB) and the Punjab Police chief in the case of Khan Badshah’s enforced disappearance. Later, on March 27, the bench directed the defence secretary to ensure that the spy chiefs appeared in court. Khan Badshah’s mother Nazeema Bibi in her petition claimed that men in plain clothes had abducted her son in March 2013 and requested his recovery.

Both officers submitted that no useful assistance could be gained from their personal appearance. The officers also maintained that they were not in Rawalpindi at the moment and for operational and security reasons, their whereabouts were classified.

They pointed out that the Supreme Court and Islamabad High Court had exercised judicial restraint in similar situations.

At the same time, they assured the court that the two agencies would complete inquiries into the matter and file their reports before the next date of hearing.

During the hearing, Additional Attorney General Tariq Khokhar, on behalf of ISI and MI officers Maj. Tariq Malik and Brig. Riaz Ali Qazi, argued before the bench regarding their exemption from personal appearance in court on April 7.

“The scene of the occurrence [disappearance of Khan Badshah] is Wah Cantt, which is covered by MI Rawalpindi. This court will be provided appropriate assistance by officers from MI Rawalpindi… who shall assist this court as and when directed,” stated Brig Qazi in the affidavit.

After hearing his arguments, the bench issued a notice to the petitioner regarding their plea and adjourned hearing till April 7.

It is learnt that though two separate petitions were filed for seeking exemption for spymasters, the government did not request exemption from personal appearance for the defence secretary and IB chief.

Published in The Express Tribune, April 5^th, 2014.