Islamabad High Court’s senior puisne judge, Justice Mohsin Akhtar Kayani, on Monday implored intelligence agencies to dispel the notion of their complicity in enforced disappearances.
During the proceedings of a petition filed for the retrieval of Kashmiri poet Ahmed Farhad Shah, Justice Kayani articulated his concerns. Subsequently, Law Minister Azam Nazeer Tarar voiced disapproval regarding the day’s judicial observations.
Shah reportedly vanished from his residence last week, prompting the Human Rights Commission of Pakistan to demand his swift release.
Shah’s spouse lodged a petition in the IHC last Wednesday, urging the court to locate and present Shah, while also seeking the identification and prosecution of those accountable for his abduction.
In the initial hearing, Justice Kayani mandated Senior Superintendent of Police (SSP) Jameel Zafar to ensure Shah’s recovery, warning of summoning the defence secretary should compliance falter. The judge had previously notified the defence secretary to attend the next hearing.
Two distinct orders were issued for Monday’s sessions—one in the morning and another post-3 PM, as documented by Dawn.com.
The morning order highlighted that the petitioner’s counsel reported a separate plea filed on Saturday to retract the primary petition after making contact with Shah.
“The petitioner’s counsel contends that the withdrawal application was submitted based on assurances provided by the Inter-Services Intelligence through phone and SMS, ensuring the detainee’s release on Saturday night. Despite this, the detainee was not freed, leading to allegations against the ISI,” the order stated.
It continued: “The Court expresses dissatisfaction with the Ministry of Defence’s functioning and ISI’s conduct. Given the direct allegations, the Defence Secretary must submit a detailed report by 3 PM today.”
SSP Zafar was instructed to investigate the claims involving ISI officials, documenting their statements and presenting a progress report the same day.
In the later order, it was revealed that the defence ministry informed the court that Shah was not in ISI’s custody.
The order mandated the appearance of the defence and interior secretaries in person at 3 PM on Tuesday to clarify their stance and address why law enforcement agencies have been unable to locate a person allegedly abducted in Islamabad.
Today’s Proceedings
Advocates Imaan Zainab Mazari and Hadi Ali Chatha appeared in court representing Shah’s wife.
Mazari stated that Shah had been missing since last week and that they received a WhatsApp call from Shah’s number on May 17, urging them to retract their petition.
“Three drafts were exchanged with these individuals. They instructed us to state that he had gone to court voluntarily,” Mazari recounted.
“Ahmed Farhad has not returned, so we are not withdrawing the application,” she affirmed.
Justice Kayani inquired if the abductee was involved in terrorism or ransom kidnapping and directed SSP Zafar to produce Shah in court.
“Everyone must bear the consequences of institutional actions. I demand the man (Shah) from ISI. Inform DG ISI [Nadeem Anjum] that the man must be presented without fail. Dismantle the stigma of abduction,” he asserted.
Additional Attorney General (AAG) Barrister Munawar Iqbal Duggal defended the institution, stating the entire body could not be held accountable and mentioned briefing the defence secretary thoroughly.
Justice Kayani urged the federal government to alter public perception of institutions, emphasizing that only the abducted comprehend the ordeal fully.
“Do not escalate issues to a point where institutional survival becomes untenable,” Justice Kayani cautioned.
A Ministry of Defence official requested two days to recover the poet.
Justice Kayani directed the official to contact higher authorities and submit a reply by 3 PM, threatening to issue an order otherwise.
“The face of the state is not anonymous entities but the police,” Justice Kayani remarked.
Upon resuming the hearing, the judge instructed the investigating officer to record statements from the ISI sector commander for Islamabad and DG ISI under Section 161 of the Code of Criminal Procedure (CrPC).
“The sector commander isn’t secluded; what is his status?”
Justice Kayani criticized the institutions’ misuse of power.
“Have you ever experienced abduction? Beware of a time when abduction becomes universal,” Justice Kayani warned.
He questioned the defence ministry official if any of his relatives had ever been abducted, receiving a negative response. “That’s why you don’t understand. Ask the feelings of those whose relatives are abducted.”
After the hearing resumed, AAG Duggal requested an extension until tomorrow to produce the abductee, stating that ISI denied having Shah.
“Submit your response in writing. I will call the defence minister,” Justice Kayani responded, adding that the defence secretary and his officers were accountable to the court.
“We have filed an FIR,” Duggal mentioned, to which Justice Kayani replied, “Have you done us a favor by filing an FIR?”
Justice Kayani stated the matter would extend beyond the abduction case once he issued the order.
“This is not a trivial matter where you can abduct anyone at will,” he declared, stressing that this practice must cease.
“They send messages on one hand and now deny holding him,” he added.
The court summoned the defence and interior secretaries for 3 PM tomorrow.
“The country will be governed by law or by agencies,” Justice Kayani stated.
“Do not contact the abductee’s wife in the interim,” the judge instructed the AAG.
Law Minister Criticizes ‘Inappropriate’ Remarks
Law Minister Tarar expressed dismay at the remarks reported from the day’s hearing, stating the federal government’s willingness to support the police in the case.
“But suggesting that this problem won’t be resolved this way and summoning all secretaries, including senior army officials, and eventually the prime minister and the cabinet, is beyond the court’s mandate. The judiciary must dispense justice according to the law and the Constitution, not through sensational news that stirs unrest.”
Tarar labeled the comments as “inappropriate.”
The law minister referenced Articles 199 and 248 of the Constitution, which delineate the army and government officials’ immunity from legal proceedings.
“Preemptive, stern remarks undermine judicial propriety and suggest an institutional clash, portraying the executive as uncooperative with the judiciary,” he elaborated.
Tarar specifically referred to Justice Kayani’s Thursday remarks, where he threatened to summon the prime minister and federal ministers if recovery was not assured.
Responding to inquiries, Tarar denounced the notion of summoning the premier and ministers as “inappropriate” and contrary to judicial office decorum.
Adviser to the Prime Minister on Political and Public Affairs, Rana Sanaullah, on Geo News’ ‘Aaj Shahzeb Khanzada Kay Sath,’ concurred, stating that the judge’s remarks were inappropriate, suggesting a verdict should be issued based on evidence against those deemed responsible.