July 30, 2024
By Bilal Baseer
ISLAMABAD
The Islamabad High Court convened a larger bench to hear cases related to missing persons on Tuesday, July 30.
The three-member larger bench of the Islamabad High Court (IHC), led by Justice Mohsin Akhtar Kayani, and comprising Justices Tariq Mehmood Jahangiri and Arbab Muhammad Tahir, noted that a procedure would need to be established as this was the bench’s first time hearing these cases.
At the outset of the hearing, Imaan Zainab Mazari, lawyer representing the missing persons, approached the rostrum and stated that the attorney general of Pakistan had assured this court that no Baloch student would be forcibly disappeared. However, since the submission of this affidavit, 14 more Baloch students have been abducted.
Commenting on Mazari’s stance, Justice Jahangiri said though the chief legal representative had given an undertaking in the court, still people are missing.
Justice Kayani then asked the assistant attorney general present in the court if the AGP should continue in his role after failing to uphold his own statement.
Justice Kayani observed that the court had initially formed a committee with the inclusion of the directors-general from ISI, IB and MI. At the behest of the federal government, there was a suggestion to revise the committee’s members.
The defence ministry’s representative informed the court that two brigadiers from the ISI and MI were nominated and IB’s Joint Director General Qazi Jamil ur Rehman would serve as the convener.
The court asked the committee consisting of three officers from intelligence agencies to submit a report at the next hearing.
The defence ministry’s representative questioned the IHC’s authority over cases from other provinces.
However, Justice Jahangiri noted that the headquarters of the ministry of defence and intelligence agencies are also located in Islamabad.
Justice Kayani added, “I have great respect for the agencies, but they should also be mindful of their own dignity.”
During the proceedings, the assistant attorney general informed the court that as per the court’s orders, a cheque for 3 million rupees had been issued to the family of Ghulam Muhammad, who went missing from Bara.
Justice Kayani remarked that while the state is seeking an IMF loan and struggling to pay salaries and pensions, simply handing over a cheque does not solve the problem. He added that the real issue is the recovery of the missing person, not just the issuance of financial compensation.
“By giving a 3 million rupee cheque, you have set a new standard. We could seek the prime minister’s intervention to provide 200,000 rupees per month to every missing person’s family,” Justice Kayani said.
Regarding Mahmood Arshad Qazi’s recovery, the registrar of the Commission on Enforced Disappearances indicated that he was unaware of the cases being heard.
Justice Kayani expressed disapproval and warned of a potential contempt of court notice for a similar response in the future.
Justice Jahangiri questioned the effectiveness of the Enforced Disappearances Commission while adding that a production order from 2021 remains unresolved in 2024.
Justice Arbab Muhammad Tahir called for a report on the Commission’s performance, given its broad authority.
The court was informed that Justice (retd) Javed Iqbal has been the chairman of the Commission on Enforced Disappearances since 2011 and is now 78 years old. The secretary, who retired from the interior ministry, has been serving since 2014. The registrar, who also retired from another institution, has been with the Commission since 2017. The Commission’s salary expenses total 45 million rupees, excluding additional costs.
The hearing of the cases began at 2pm and continued for over three hours. The next session will be scheduled after the court’s summer vacation.