Those involved in enforced disappearances should be sentenced to death: IHC judge

ISLAMABAD: The Islamabad High Court has sought a report from the defence secretary with regard to the whereabouts of poet Farhad Ali Shah, who was taken into custody from outside his house. The court directed the defence secretary to obtain information from the sector commander and submit a report. It further directed that an officer of the defence ministry should appear before it on the next date of the hearing.Justice Mohsin Akhtar Kayani remarked that unknown persons have such a capability that when they release the person after making him learn a lesson within 24 hours, the person says he went to the Naran and Kaghan areas for a picnic.

The court observed that persons involved in enforced disappearances should be sentenced to death. It directed the police to form an opinion by checking the social media accounts of the abductee. Islamabad High Court Justice Mohsin Akhtar Kayani heard the petition of poet Farhad Ali Shah’s wife Syeda Urooj Zainab with regard to the illegal detention of her spouse.

The SSP Operations informed the court about the progress in the investigation and said a special investigation team had been formed, which had done the geo-fencing. He sought time to file the progress report. He said police had written letters to the IGs of the provinces and heads of intelligence agencies to ascertain whereabouts of the detainee.

He said it has been learnt that the detainee was picked up from outside his residence in a double-cabin vehicle. The court observed that the defence and interior secretaries would be responsible in case of the non-recovery of the detainee.

The court observed that it would call the PM if felt necessary, and if government officials failed to identify the culprits involved in the kidnapping of the detainee then they would have to go home.

It further said that if the person was not recovered then the court would order initiation of action against the government officials responsible.

The SSP Operations further said that there was no coverage of safe city cameras. He said he checked the movement of such vehicles in the area from the CCTV footage; however, the number plates were not being read due to the night. He said that work is still going on to trace the numbers and CDR was also being worked on.

The court asked him if any reply comes when he writes to these institutions. It said it has already said that whenever the investigation stops, the court will issue a notice to the defence secretary.

The SSP submitted that police did not receive any positive response of letters issued to other departments; however, investigation was under process. He said that police also obtained fingerprints from the place of the incident.

Justice Mohsin Akhtar Kayani said he can already predict that the fingerprints will not match anyone in the NADRA record. He inquired the police officer whether writing letters to other law and enforcement agencies will solve the matter.

Iman Mazari advocate submitted that she has written about the role of intelligence agencies in the petition. She submitted that police should investigate what kind of poetry these poets used to write and their critical views.

Justice Mohsin Akhtar Kayani remarked that he (the poet) is missing because of talking about missing persons. The court observed that all day people were being defamed on Twitter and TikTok. The court observed that when people are offended due to a person’s views in his vlogs on social media, that person is picked up. It said not a single investigation has been completed in cases of missing persons who were picked up this year.

It asked why, every time a person goes missing, only a single institute is accused of enforced disappearance. It said time has come that the defence secretary and ISI sector commander should appear before the court and tell I whether the missing persons were abducted by RAW or they were kidnapped for ransom.

The court observed that when the persons involved in kidnapping for ransom are awarded death punishment, persons involved in enforced disappearances should also be sentenced to capital punishment.

It remarked that our system is designed in such a way that protects the kidnappers. The court observed that those persons who speak up are now a missing persons, be they journalists or political activists. It said one journalist was picked up but why the ministry of information was silent.

Justice Kayani observed that the court is calling the defence secretary and the ISI sector commander and the PM shall be called if the missing person is not recovered.

Assistant Attorney General Usman Ghaman said that the police investigation is ongoing. The SSP Operations said that efforts are underway to trace the missing person. The court observed that police are either still clueless or say they will recover the missing person.

The court observed that the IGP had also been told the if someone goes missing, the responsibility will be on him. The court observed that it will not call the IGP as right now there has not been police failure yet. Further hearing of the case will be held on May 20.