Feb 28, 2024
BILAL BASEER
ISLAMABAD:
After being summoned by the Islamabad High Court for the third time in the case regarding missing Baloch students, Caretaker Prime Minister Anwaar ul Haq Kakar finally appeared before the court on Wednesday.
During the proceedings, which marked the 26th in the series of hearings, the court emphasised that institutions are not above the law, and PM reaffirmed his commitment to upholding the law in the court. He stated, “Only a fool would advocate for enforced disappearances.”
Justice Mohsin Akhtar Kayani presided over the case in the Islamabad High Court (IHC). Attorney General Mansoor Awan and Caretaker Interior Minister GoharIjaz were also present in the court.
Justice Kayani pointed out students nationwide were being targeted, with some going to Afghanistan and some joining the TTP.
The attorney general told the court that there were 12 people on the original list and three were still missing. “Nine were found in the CTD custody,” he said.
The IHC judge stressed on the importance of holding Pakistan’s institutions accountable to the people, stating that there is a widespread belief that if law enforcement agencies need to detain someone, they must bring them before a court of law. He highlighted that the state institutions are equipped to handle such situations, which is evidenced by the establishment of committees involving the ISI, MI, and IB to address these issues.
PM Kakar said that the institutions are accountable within the framework of the constitution and “are working within it”. Mentioning his connection to Balochistan, he underscored the complexities faced in the region, including the challenges posed by armed struggle and the infringement of human rights by non-state actors.
Kakar said, “People are being shot after disembarking from buses, with individuals from various backgrounds becoming victims”.
He reminded the court that the region has witnessed approximately 90,000 casualties due to terrorist activities, and “the presence of non-state actors casts a looming shadow over life in Balochistan”. Addressing concerns about safety, he said, someone questioned, “How would I travel to Balochistan when racial profiling often leads to killings and non-state actors are responsible for violence? Why is this issue not being discussed?”
Kakar emphasised the need for international human rights organisations to criticise not only the state but also non-state actors violating human rights.
Justice Kayani said, “The court stressed that the law should be equal for thieves, dacoits and terrorists, but the failure lies in not presenting people before the courts. He inquired if the PM could legislate on this matter.
PM responded that he does not have the authority and the new parliament will have the power to do so.
Kakar mentioned the sacrifices made by the institutions and urged for adherence to the constitution’s Article 5, which demands unconditional loyalty.
In court, lawyer Imaan Hazir Mazari expressed disappointment over the prime minister’s failure to directly address enforced disappearances, instead opting to discuss intelligence agencies.
Mazari further stated that the state is implicated in such activities, with reports from human rights organisations highlighting its involvement in enforced disappearances.
Kakar disagreed with Mazari’s report, “The series of accusations levelled against the state every other day should stop. The law will have to see how to deal with non-state and state actors.”
Mazari requested the court to disclose details of FIRs against those accused. The attorney general assured that details of cases against accused persons would be provided.
“It is unfortunate that the prime minister’s responses during the hearing were offensive,” Mazari told Voicepk after the court proceedings. “He associated the missing persons issue with insurgency, implying that he on behalf of the government was endorsing enforced disappearances under the guise of addressing insurgency concerns.”