May 24, 2024
By Bilal Baseer
ISLAMABAD
Ahmad Farhad, who was abducted since May 16, is yet to be brought to court, despite the promise made by the Attorney General Mansoor Awan in the last hearing held earlier this week. Awan had said that Farhad would make his appearance before the next date of hearing however there was no sign of the Kashmiri resistance poet. Meanwhile, the Islamabad High Court’s (IHC) Justice Mohsin Akhtar Kayani issued summons for the defense secretary and the sector commander of Inter-Services Intelligence (ISI) Islamabad to appear in person for the next hearing of the case on May 29.
During Friday’s hearing, Justice Mohsin Akhtar Kayani remarked that the case was no longer just about the recovery of Ahmed Farhad but was now a case for the recovery of the entire nation. He decided to broadcast the upcoming hearings live after completing the judicial proceedings.
At the outset of the hearing, the AGP approached the rostrum to present his arguments, where Justice Kayani questioned him about the chain of command for the DG ISI. The AGP clarified that the DG ISI reported to the Prime Minister, to which Justice Kayani remarked that it would simplify matters if he summoned the prime minister to explain the workings of the agencies under his control.
“(But) we are not calling him right now; that will be our final step,” Justice Kayani added.
Advocate Imaan Mazari, the counsel for the petitioner, argued that an affadavit must be sought from the Military Intelligence (MI) as it had been seen in the past that intelligence agencies transfer detainees to each other.
“They are asking for time to obtain a video statement from Ahmed Farhad while intending to pressure him into saying he did something wrong and will not do it again,” she asserted. “It is important to tell the public that if the abducted person comes out, it will not be because of the court’s writ but due to a deal.”
She also expressed concern for Ahmed Farhad’s life and sought confirmation that he would not be subjected to torture.
As in the last hearing, the AGP maintained that they were actively making efforts to locate him and said that the call record data had been retrieved and that all agencies were cooperating. He requested more time, but Justice Kayani remarked that the state had failed to fulfill its duty.
Justice Kayani inquired under what statutory authority the agencies function, how many vehicles were at their disposal, to whom the sector commander was legally accountable, what was the personnel strength under the sector commander, what were the prescribed procedures for conducting investigations and gathering intelligence and what was the budgetary provision from the national treasury. He directed the defense secretary to appear in person before the court and respond to these legal queries.
Justice Kayani further noted that Ahmed Farhad’s relatives were accusing the ISI, and that if they were being asked for answers, it was not to disgrace them but to give them an opportunity to explain, citing examples that when allegations are made against the police they were asked to come forward and respond.
Justice Kayani added, people criticize the IG, they face criticism and even get beaten up; they perform all kinds of duties and are accountable. “Police officers have been suspended dozens of times. Suspension is not a disgrace, but they know they are going through the system. When institutions are not accountable, then by what mechanism do they work?” he questioned.
He said, the sector commander’s status was that of an SHO; their statement should also be taken and an order would be given for them to appear in person.
He emphasized the need for transparency within the agency and stated that it should not hide but remain visible. He questioned the presence of uniformed personnel and said, every institution, including judges, police and parliament was accountable. He stressed that fulfilling one’s duty was not a favour but a necessity in order to solve people’s problems and protect their rights.
LIVE TRANSMISSION BANNED?
Hamid Mir, senior journalist present at the hearing, commented that following the last hearing, the government had banned media coverage from court through PEMRA. He asked the bench, “Can we cover the questions you have asked the agencies?”
“Of course, yes, the journalists can cover the proceedings of this court. There is no restriction.” Justice Mohsin Akhtar responded.
He said he will order the next hearing to be broadcast live, and any missing persons’ cases in this court will be shown live.
Justice Kayani while addressing the AGP, stated that the state’s guarantee had failed.
The AGP replied, “Not yet, I will tell you myself when it does.”
Justice Kayani remarked, “I thought you would pull out the CDR and say he is in Afghanistan.” The AGP responded, “No, that is not the case.”
Justice Kayani said whether Ahmed Farhad had been recovered or not had become irrelevant. Recovering Ahmed Farhad was a necessity for the state. If it failed to do so, it would be the state’s own failure and it will have international consequences, he said.