Missing persons cases: IHC terms continuing enforced disappearances ‘complete failure of govt’

ISLAMABAD: The Islamabad High Court’s larger bench resumed the hearing of all the missing persons, including doctors, engineers, IT experts and journalists and Baloch students.

The court turned down the objection raised by the ministry of defence with regard to the jurisdiction of the court to hear the petitions.

The court directed the intelligence agencies’ heads to submit a report from the committee constituted to deal with the missing persons cases. The court also directed the attorney general to appear in person on the next date of hearing.

Justice Mohsin Akhtar Kayani remarked that despite the affidavit of the attorney general, enforced disappearances were still continuing and asked if he should remain in his office.

The court observed that this is a complete disaster and failure on the part of the government and enforced disappearance must be declared a criminal offence.

A three-member bench comprising Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri and Justice Arbab Mohammad Tahir heard the missing person cases.

Justice Kayani observed that the chief justice has constituted a larger bench for missing persons cases on our request and today the larger bench is hearing the matter for the first time, so a procedure will have to be made. The court observed that directions will be issued keeping in view the nature of the cases.

It observed that it had constituted a committee comprising the DG ISI, DG IB and DG MI, and on the request of the federal government, the committee was asked to be changed. The court inquired whether the new committee has been constituted or not.

A representative of ministry of defence said that the ISI and the MI had nominated two brigadiers for the committee, while the joint director of IB General Qazi Jameelur Rehman will be convener of the committee.

Iman Mazari advocate said that the attorney general had given an affidavit in this court that no Baloch student will be forcibly disappeared, but enforced disappearances are still continuing, and 14 more Baloch students were disappeared after the affidavit of the attorney general. She said that one Baloch student Feroze went missing from the Barani University of Agriculture, Rawalpindi.

Justice Kayani inquired what the progress of the commission on enforced disappearances was and which officials of the ISI, MI and IB were appearing before the commission. The court was informed that officers of major rank appeared before the commission.

The court directed the registrar of the commission on enforced disappearance to prepare each file of missing person and submit a concise report instead of submitting that no progress has been made.

Justice Kayani remarked that despite the affidavit of the attorney general enforced disappearances were still going on. The court directed the attorney general to personally appear in the court on the next hearing and explain whether the attorney general should remain in office after such affidavit. The court observed that the attorney general was acting contrary to whatever statement he gave before it. The IHC observed that this is complete disaster and failure of the government.

The court called for a report from the committee consisting of Brigadier Jamshed, Brigadier Usman and Qazi Jamilur Rahman and said that the committee knows which case is to be declared as national security and which is not.

The father of missing Dr. Ali Abdullah alleged that his son is being detained by the ISI. The major general level officer said that he will inform the court about such allegation within three days. The court also restrained the father of the missing person from making comments on the ISI as an institution.

The representative of the defence ministry said that as per intelligence reports Dr. Ali was involved in terrorism activities and such a report was submitted before the inquiry commission.

He said that Ali Abdullah was engaged in Kashmir Jihad and he was an activist of the student wing of a religious party which attacked Lahore’s Jinnah Hospital; however, the ISI and other agencies denied arrest or detention of the detainee and stated that the person had disappeared on his own.

The court asked whether Ali Abdullah was involved in the case and whether he would be prosecuted. It observed that the relevant record of the case will be called.

In the disappearance case of Rashid Brohi, who went missing after repatriation from the UAE, the court called a report from the ministry of interior.

Iman Mazari advocate told the court that Rashid Brohi was repatriated from the UAE at the request of Pakistan. Justice Kayani inquired what the enforced disappearance commission has done in this case.

Iman Mazari said the commission told Rashid Brohi’s mother that her son is a terrorist. The court observed that Rashid Brohi was not produced in any court in Pakistan. It observed that Ministry of Foreign Affairs confirmed that Rashid Brohi was sent to Pakistan from the UAE, and asked if it is the responsibility of the Ministry of Interior, Foreign Affairs and Defence to inform it about the whereabouts of the detainee. On a plea for the recovery of Ghulam Mohammad, who went missing from the Bara area, a cheque worth Rs3 million was given to the victim’s family. Justice Kayani remarked that issuing a cheque will not solve the problem.

The court observed that the current situation is that we are asking for a loan from the IMF and there is no money to pay people’s salaries and pensions.

The IHC observed that government was giving the family a Rs3 million cheque as it admitted its guilt. It said giving a cheque to the family will not solve the problem and the person has to be brought before it. The court also observed that they were not begging and inquired the government officials whether they were considering the person as dead and setting an example by giving the family a Rs3 million cheque. The court inquired whether it should direct the government to give monthly Rs200,000 to each family of missing persons. It observed that it was declared an enforced disappearance case, and the person who was booked in the case is still in the service as being retired from service does not mean that he was absolved from his responsibility.

The IHC took exception to the statement of the ministry of defence that intelligence agencies were not involved in the matter and observed that whether the investigation officer has any courage to investigate the intelligence agencies. The court observed that intelligence agencies have to clear themselves from such allegations and merely saying that they did not pick up the detainee was not enough.

The court ordered proceedings against those who were involved in picking up citizens unlawfully. It directed the police and law enforcement agencies to arrest those persons who were causing defamation of the intelligence agencies. It observed that nothing came on record as these were the persons who kidnapped missing Baloch students.

The court observed that there is a need for legislation in which enforced disappearance will be declared as offence.

On the recovery plea for the missing software engineer, the lawyer said that Mohammad Faheem is a software engineer and a gold medalist from Bahria University. Justice Kayani asked the investigation officer what progress has been made in the case, observing that he was taking a salary from the state, using positions but did no work.

In the case of enforced disappearance of Mahmood Arshad Qazi, the registrar of the Enforced Disappearance Commission said that he did not know that these cases were also fixed for hearing.

The court took exception to the conduct of the registrar of the commission and directed him to submit details of expenses of the commission. The court inquired whether the commission took action against any official involved in enforced disappearance, on which the registrar said no action had been taken against any official.

The representative of the ministry of defence said that the commission issued notices to the ministry of defence.

The court observed that it means all of them make a mockery and defraud the people. The court inquired what the monthly expenses of the commission were. At this, the registrar said that all three members were taking benefits equivalent to those of judges of the Supreme Court and staff salaries were Rs2.9 million. The registrar of the commission said that he had retired from the Supreme Court as additional registrar and appointed as registrar of the commission.

The Ministry of Defence raised an objection to the jurisdiction of the court by referring to the decision of the Supreme Court that the Islamabad High Court does not have jurisdiction over the cases of other provinces.

Justice Kayani observed that the jurisdiction of the court will remain on the ethnic profiling of Baloch students and if there is any case in the Balochistan High Court, the court will be informed about it.

Justice Tariq Jahangiri observed that the head offices of the ministry of defence and intelligence agencies are also in Islamabad. Justice Kayani observed that the ministry of defence can challenge the order of this court in the Supreme Court, and if the Supreme Court stops this court from working, the court will stop. Further hearing of the cases was adjourned till after the summer vacation.