Feb 20, 2024
Staff Report:
LAHORE:
After caretaker Prime Minister Anwaar-ul-Haq Kakar did not appear in court for a third time on February 19, the Islamabad High Court moved the date forward with the next hearing to be held on February 28.
The case hearing was in regard to the implementation of the recommendations of the government run Commission of Inquiry on Enforced Disappearances (COIED).
Holding Kakar accountable to the people of Pakistan, Justice Mohsin Akhtar Kayani, who is heading the bench, inquired why the state’s premier is failing in his duties. “The caretaker prime minister should not consider coming to court as an insult,” the judge remarked.
Justice Kayani has displayed judicial courage on the issue of missing persons. His handling of the case has given hope to families of the missing people in the country. The Feb 19 hearing was to be the twenty fourth hearing in the case.
“The court has already expressed through its orders its intent to have the forcibly disappeared students from Balochistan released. Either the state is unable to fulfill its obligations in tracing the forcibly disappeared or the state is the abductor,” said Imaan Hazir Mazari, petitioner and human rights lawyer, told Voicepk. In her opinion, “there is no third possible outcome”.
Legal experts, not wanting to be named, have said the absence of the caretaker PM from the court on Feb 19, despite an order requiring his in person appearance, is tantamount to a contempt of the court.
They hold that IHC can technically issue a show-cause notice to PM, requiring him to explain why he should not be charged under the contempt laws of Pakistan.
“But this will probably not happen at this stage of the proceedings,” explained a lawyer. “Keeping in line with Pakistan’s nascent conventions, the court will provide the caretaker prime minister with several opportunities to establish his willful disobedience and belligerence – and hence justify an eventual penal consequence against the premier office of the country.”
Without any doubt, the release of missing persons should be the State’s priority. But equally important should be putting an end to the culture of impunity so that this practice ceases entirely.
“Real justice cannot be achieved without holding perpetrators accountable, or at the very least, holding state functionaries accountable for their failure to fulfill their obligations.”
Meanwhile, the IHC has established a committee composed of the directors general of three prominent intelligence agencies to address the concerning matter of missing Baloch students. The committee includes representatives from the Inter-Services Intelligence (ISI), Military Intelligence (MI), and Intelligence Bureau (IB).
Previous Court Summons Issued to Kakar
During the Jan 10, 2024 IHC hearing, the attorney general on behalf of the federal government had given assurance that no one would be abducted or forcibly disappeared then onward, and all the missing persons would be recovered by all means. However, there were reports of people going missing persistently. The state had also not been able to recover people from illegal captivity.
Later, on February 13, the court noted that the government had failed to submit compliance with the order, stating, “such conduct is highly condemnable.
Against this backdrop, the court issued directions to the PM, his ministers as well as secretaries to appear in person. “This court is clear that either state institutions would be held responsible for these abductions, kidnapping and enforced disappearance, which is a criminal act or there is complete failure of state functionaries towards performance of their official duties as they are not able to recover the alleged missing citizens.”
Through the November 22 order, the court ordered federal authorities to recover the missing students within seven days (November 29). It observed that the prime minister would have to appear before the court if the order were not followed during the given timeframe. The PM did not appear before the court on Nov 29.
On Nov 29, 2023, the court warned that a case could be registered against the PM and others – if they failed to report on the missing students with their families.
Thereafter, on Feb 13, the IHC summoned PM for the second time on February 19 – over the failure to recover allegedly missing Baloch students. During the hearing, Justice Kayani had expressed displeasure at the failure recovering the missing persons. He said, “The punishment of enforced disappearances should be the death penalty.” The court ordered PM to appear in the court and inform the court why a case shouldn’t be registered against him.
On staying missing, Justice Kayani has asked PM to appear in the court on Feb 28.