ISLAMABAD: The Islamabad High Court (IHC) observed on Friday that the case of a missing Islamabad-based engineer falls within the category of enforced disappearances.

Hearing a petition for the recovery of Sajid Mehmood, Justice Athar Minallah observed that the investigating officer’s report, the proceedings of the missing persons commission and the facts alleged in the petition all establish prima facie that this is an enforced disappearance case.

When Mr Mehmood’s case, in which the IT engineer was allegedly picked up by uniformed men from his home in F-10 in March, was taken up, Justice Minallah asked the three amicus curiae to suggest the course of action when a citizen goes missing in what appears to be an enforced disappearance.

Mr Mehmood’s souse Mahera Sajid has asked the IHC to direct the state to provide reasonable maintenance for as long as the state, police and intelligence agencies cannot recover her husband, who was the primary breadwinner of the family.

Justice Minallah asked who in the state apparatus should be held responsible for the violation of fundamental rights. Should the court direct the state to pay maintenance to the dependents of the missing person, he asked the amicus curiae.

IHC advised on whether state should compensate family of missing citizen, hearing adjourned until Nov 18

An amicus curiae Tariq Mehmood Jahangiri, the president of the Islamabad High Court Bar Association, argued that a missing citizen in the heart of the capital is a serious matter.

He said the incident showed a lack of commitment on the part of state agencies, and penalties should be imposed not only on the station house officer (SHO) of the concerned police station but also on the relevant superintendent of police and inspector general of police (IGP).

He said such incidents could not take place without complicity at the highest levels, particularly since the Safe City Project became operational.

Babar Sattar, another amicus curiae, said protecting the life and liberty of citizens is the state’s obligation, just as loyalty to the state is the citizens’ obligation.

He said when the state fails to meet its obligation it is required to compensate the citizen.

Mr Sattar added that cases already decided by the superior courts of Pakistan, India and in Latin America, show that the state can be made to pay money as compensation to missing persons and their relatives.

The third amicus curiae, Ahmer Bilal Soofi, also submitted his findings in writing before the court.

The federal government’s counsel asked the court to grant time for it to submit a reply in the case, and the court accepted and adjourned the case until Nov 18.

According to the petitioner, Mr Mehmood was abducted from his home in F-10/1.

The petitioner cited the secretaries of defence and interior, the IGP, the directors general of the Intelligence Bureau, the Inter-Services Intelligence Directorate and Military Intelligence and the Shalimar police SHO as respondents.

Published in Dawn November 12th, 2016