ISLAMABAD: The Islamabad High Court (IHC) on Friday made it clear that the questions framed regarding spy agencies’ role in enforced disappearance cases would not remain unanswered despite the “recovery” of missing poet, Ahmed Farhad, and rejected the government’s request to dispose of the petition seeking his recovery until he is produced in court.

Justice Mohsin Akhtar Kayani was earlier informed by the petitioner’s lawyer that Farhad had not reached home, as he had been arrested in another case registered at Saddar Police Station, Muzaffarabad. Farhad’s family visited him at another police station on the intervention of a senior police official from AJK Police, the IHC was informed.

Additional Attorney General Barrister Munawar Iqbal Duggal argued that Farhad was in police custody and presently on physical remand until June 2, making the writ petition ‘infructuous’.

However, Justice Kayani said the petitioner requested directions to respondents to identify and investigate those responsible, directly or indirectly, for “abducting and illegally detaining” Farhad and to prosecute those responsible for offences made out against them under laws.

Missing poet hasn’t reached home, re-arrested in another case by AJK police, law officer tells court

Mr Duggal insisted that the issue was no longer relevant at this stage, as the principal prayer for recovery of the detainee had been settled. He also said the orders of Pakistani courts were not binding on the judiciary of Azad Jammu and Kashmir. “Be that as it may, this court is not in agreement with the view rendered by the law officer unless the detainee has been produced before the court after completion of the process in AJK,” ruled the judge.

The counsel for the petitioner contended that Farhad’s post-arrest bail application had also been filed before the relevant court, and there was a likelihood that he would be released on bail within a few days.

Justice Kayani, however, pointed out that he had framed certain questions related to enforced disappearances and the legal framework of spy agencies. He said the court would get answers to these questions at an appropriate time.

Federal Minister for Law and Justice Azam Nazeer Tarar, while appearing in this case, suggested that the judge get answers to the questions in some other case. Justice Kayani, on May 24, issued an order in this matter that asked intelligence agencies to “clarify the role of the agencies in the jurisdiction of police investigation in the future and lead them to be accountable in the jurisdiction of the court”.

The order stated: “The court has come to the conclusion that the issue of missing persons is the most important issue of public interest at the moment,” adding that no legislation had been passed by parliament so far to “make the role of law enforcement agencies usable or responsible”.

The judge sought a report from Islamabad police chief Ali Nasir Rizvi about cases registered against unknown persons in all police stations in the last year, in which investigating officers recorded statements of abductors or next of kin regarding allegations levelled against any agency. He also asked what statement was recorded from the relevant agency’s sector commander in this regard while investigating.

Justice Kayani opined that cases of enforced disappearances were tarnishing the image of intelligence agencies, and there is a need to dispel the “negative public perception”.

He summoned the law minister and the law secretary for court assistance. To gain an understanding of the code of conduct and working of sector commanders of the ISI, MI, and IB, Justice Kayani summoned them as well and sought details of action taken against officials of intelligence agencies punished for illegally detaining, blackmailing, and surveilling citizens. The court also sought a procedure for self-accountability within intelligence agencies.

Published in Dawn, June 1st, 2024