IHC Orders Live Streaming of All Missing Persons’ Cases
Judge Emphasizes Public Awareness in High-Profile Hearings
ISLAMABAD: Senior judge of the Islamabad High Court (IHC) Justice Mohsin Akhtar Kayani on Friday ordered live streaming of all missing person’s cases to “facilitate public awareness and understanding of important legal issues”.
As per the details, the decision came as Justice Kayani resumed hearing of missing Kashmiri poet Ahmed Farhad Shah’s recovery plea.
During the hearing, Justice Kayani addressed the Sector Commanders of Inter-Services Intelligence (ISI) and Military Intelligence (MI), Director of Intelligence Bureau (IB), Prime Minister Nazeer Tarar and Secretaries of Defence, Law and Home. called for for the next meeting on May 29. The Human Rights Commission of Pakistan had demanded Shah’s immediate release, alleging that he was abducted from his home on May 15.
Shah’s wife filed a petition in the IHC on the same day, seeking his recovery and the identification, investigation and prosecution of those responsible for his disappearance.
On May 16, Justice Kayani had sought a report from the Defense Secretary on the alleged involvement of intelligence agencies in Shah’s disappearance.
Earlier this week, the judge expressed displeasure with the defense secretary’s “acting,” urging intelligence agencies to clear him of the kidnapping allegations.
The court sought an explanation from the defense secretary by 3 pm the same day, only to be informed that Shah was not in ISI custody. So Justice Kayani summoned the Defense and Interior Secretary to appear in person the next day.
On Tuesday, Attorn
ey General of Pakistan (AGP) Mansoor Usman Awan submitted a report on behalf of the Defense Secretary citing his illness.
The judge insisted that the defense secretary must appear at the next hearing. Justice Kayani then ordered AGP Awan to recover the missing poet within four days, which Awan accepted full responsibility.
Senior Superintendent of Police (SSP) Jameel Zafar told the court that he could not provide the statement due to the absence of the ISI sector commander.
During the latest hearing, AGP Awan and Islamabad Inspector General (IG) Ali Nasir Rizvi appeared in the court. The court order said: “The AGP was asked whether the law enforcement agencies, including the ISI and the MI, are performing their duties under any law?” AGP Awan explained that the ISI is directly accountable to the Prime Minister, while the MI is attached to the Defense Secretary and the Armed Forces.
The court emphasized the need for all institutions to work within their constitutional limits. However, a comparative assessment of ISI’s performance with the police, FIA and CTD cannot be made until the court is informed about the operational methods of ISI and MI, including their methods of investigation and enquiry. But do not get a detailed briefing. The Secretary of Defense was requested to provide written clarification on these matters in his personal capacity.
The court noted that while the issue of missing persons is an important issue of public interest, no legislation has been enacted by Parliament to hold law enforcement agencies accountable. The Court criticized the limited effectiveness of commissions of inquiry into enforced disappearances and emphasized the need to understand the internal discretionary and administrative issues of the agencies involved.
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Justice Kayani later appointed AGP Awan and the petitioner’s counsel Advocate Imaan Zainab Mazari to nominate experts in the court on the matter. He also appointed Pakistan Federal Union of Journalists (PFUJ) secretary and senior journalist Hamid Mir as judicial assistant in the case.