IHC orders intelligence, investigation agencies be made respondents in missing person case

ISLAMABAD: Issuing notices to all the intelligence and investigation agencies of the federal capital, the Islamabad High Court (IHC) has ordered that they be made respondents in the case pertaining to a missing person, Faizan Usman.

The IHC ordered that the chiefs of the Intelligence Bureau (IB), Federal Investigation Agency (FIA), Inter-Services Intelligence (ISI), Military Intelligence (MI) Air and Naval Intelligence and Counter-Terrorism Department (CTD) Punjab be made respondents in the case.

The high court also directed the chief commissioner of Islamabad to file an affidavit answering why enforced disappearances were continuously taking place in his jurisdiction.

The order said that the perception of intelligence agencies’ personnel’s involvement in the abduction of citizens was also a threat to national security and the rule of law.

A single bench of the IHC comprising Justice Babar Sattar issued a written order on the plea for the recovery of Usman. The court asked the petitioners to submit an amended memo of the petition by impleading intelligence agencies as respondents in the petition and ordered that notices be issues to those respondents.

The high court asked the intelligence and investigation agencies whether they had information how Faizan had disappeared. The IHC told the intelligence agencies to use their intelligence to identify the kidnappers and their vehicles used in the abduction and find their hideout where they had kept the abducted person.

The IHC directed the intelligence and investigation agencies to submit reports themselves or through the relevant ministries.The court also directed the Islamabad inspector general of police (IGP) to get information from the Pakistan Telecommunication Authority, IB and CTD to identify the criminals and submit a report.

The bench observed that intelligence agencies of the state performed essential national security duties and they functioned under a shroud of secrecy and anonymity due to the nature of their duties; however, the perception that they were openly raiding houses of citizens and were involved in disappearance of persons was detrimental to the rule of law and national security. The IHC observed that the only means available to address such damming allegations was to investigate them transparently and punish the culprits. The court order read that an additional attorney general had argued that the petition would become infructuous if the missing persons returned. The IHC, however, observed that the petition was filed not only for recovery of the missing person but also under Article 199 of the Constitution.

The IHC observed that the court had the power to give directions to any authority or person, including the government, for the protection of constitutional rights. The petitioners had also called for the identification of the abductors, investigation into the case and action against the culprits, but instead of investigating the enforced disappearance and identifying the abductors, the IGP tried to mislead the court by repeating the old steps, the order read.

The IHC observed that the IGP stated that he had verbally spoken to all the intelligence agencies and none of them admitted that they were involved in the offence.

The high court observed that it had been compelled to form a prima facie view that the investigation being carried out was deficient because the ICT Police was incompetent or, worse still, complicit.

The court observed that the petitioner had already submitted in the petition that the abduction was carried out by individuals who claimed to be affiliated with the ISI, due to which it was imperative to implead all the relevant investigation and intelligence agencies as respondents and seek reports from them. The next hearing of the case has been scheduled for October 17.