Missing persons cases: IHC rejects govt appeal against fines on defence, interior secretaries, police officers

ISLAMABAD: The Islamabad High Court (IHC) rejected the federal government’s appeal against fines imposed on the secretaries of defence and interior, the chief commissioner and federal police officers in missing persons’ cases.

During Wednesday’s hearing, the additional attorney general told the court that there is no progress yet regarding the recovery of the missing persons.

Chief Justice Aamer Farooq took exception to the failure of the authorities to recover missing persons and wondered what they (judges) should do every time a law officer comes and says progress is being made and every time he asks for time.

The court observed that it should double the amount of the fine and each secretary and IG would pay it from their salaries. It further observed that they had been hearing the case for last seven years, inquiring the law officer if it should call the prime minister for compliance with its orders.

A two-member IHC bench headed by Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the federal government’s appeal against the imposition of fines in cases of the disappearance of IT experts Sajid Mehmood, Omar Abdullah, Mudassar Naro and others.

Additional Attorney General Munawar Iqbal Duggal appeared before the court. The chief justice inquired the additional attorney general whether there was any good new with regard to the recovery of missing persons and whether these missing persons had returned.

Duggal said that there is still no progress regarding the recovery of the missing persons.

CJ Aamer Farooq took exception to the non-recovery of missing persons and asked where the missing persons were as many years had passed since they had disappeared.

The court observed that several attorney generals have appeared many times before, and Khalid Javed Khan has also appeared but no progress has been made.

Justice Aurangzeb said that the court be informed if any progress had been made. The court also took exception to federal government officials who sought further time to comply with its orders.

Justice Aurangzeb observed that for many years these intra-court appeals had been pending but no progress had been made in these cases. The additional attorney general sought one month’s time so that substantial progress could be made in the case.

CJ Aamer Farooq observed that the special bench was constituted to hear this case but every time the court hears a new story.

Justice Aurangzeb observed that the law officer had stated during the last hearing that the appeal was not maintainable. He asked on what basis such a statement was made. The court inquired if the government made any progress it should be disclosed and everyone should be treated equally under the Constitution.

The additional attorney general submitted that the government has formed a committee and it is in the final stage and requested some time. CJ Aamer Farooq observed that the government should disclose the whereabouts of missing persons. The additional AG submitted that all efforts are being made for the recovery of the missing persons.

The CJ observed that it is very easy for the court to decide on the appeals by doubling the fines that have been imposed and each secretary and IG will be told to pay the fine from their salaries.

He inquired the additional AG why the attorney general was not appearing in the case. He asked if there can be any matter more important than this.

Duggal submitted that the AG is busy. The court asked what engagement of the attorney general is whether he has been detained too. It inquired the law officer whether court call the PM to assist the court as it seems the federation is reluctant to assist the court.

The IHC further observed that law officers have brought the courts to such a level that courts no longer believe anything they say. It said that in the last hearing it was stated that efforts were being made to trace the missing persons but no progress had been made.

The court observed that the court would not believe the statement of the law officer until they got it written from the prime minister or the federal cabinet. Justice Aurangzeb observed that the court was dismissing the appeals and he federal government should appeal it before the Supreme Court. The court also questioned the performance of the enforced disappearance commission and asked what the commission was doing despite receiving perks and privileges and if it was not a burden on the national exchequer.

The additional AG said the commission had disposed of 7,500 cases out of 10,500 cases of missing persons. The court dismissed the appeals of the federal government and upheld the decision of Justice Athar Minallah of 2018.

The court had imposed fines on former secretary defence Lt. General (retd) Zamirul Hasan Shah, former chief commissioner Zulfiqar Shah, former IG Islamabad Khalid Khan Khattak, deputy commissioner Mushtaq Ahmed of Rs100,000 each, and Rs300,000 against SHO Qaiser Niaz on a petition of Mahira Sajid, who was represented by Omer Ejaz Gillani advocate.