ISLAMABAD: A larger bench of the Islamabad High Court (IHC) on Thursday summoned the attorney general of Pakistan to appear before the court to assist it in the missing persons’ cases.
The directions were issued by a larger bench headed by Justice Mohsin Akhtar Kayani and comprising Justice Tariq Mehmood Jahangiri and Justice Arbab Muhammad Tahir. The IHC chief justice has constituted the larger bench to conduct hearing of the cases related to missing persons.
During the hearing, the additional attorney general informed the larger bench that the order of the IHC was placed before the federal cabinet and the cabinet has formed a sub-committee comprising ministers and secretaries.
Justice Kayani raised the question that the top officials of the intelligence agencies were not included in the committee. He added that his position was that the committee comprising officers of the intelligence agencies should be summoned for an in-camera briefing, but the two fellow judges of the three-member bench were of the view that the government wanted to give an opportunity to the cabinet to call the intelligence agencies and ask them themselves.
Petitioner’s counsel Imaan Mazari urged the court not to grant the government more time and hold responsible individuals accountable.
Justice Tahir said that the entire process aimed to determined accountability. He also remarked saying to the Additional Attorney General that your federal cabinet has formed a sub-committee on the issue of missing persons, so keep in mind that now these people will be responsible.
Justice Kayani highlighted that missing persons must be either legally prosecuted or released and warned that the state’s working would be exposed otherwise. He also remarked that his personal opinion is that intelligence agencies should be given powers as per the law and if CTD has protection in law then ISI, MI and IB should also be given powers under CrPC and PPC so that this missing persons’ issue can be resolved.
Justice Kayani said that in his view, a committee comprising officers of intelligence agencies should give an in-camera briefing to the court so that the reality can be found out. He added that the court should not be kept in darkness. He further said, “I am very much clear that whoever is a terrorist, I will call him a terrorist, and whoever is not a terrorist, he will have to be released.” He maintained that this would expose the entire working of the state. However, he said that his fellow judges sent this matter to the federal government and he appreciates their wisdom.
The AAG said that they are grateful to this court for giving the federal government the responsibility regarding the issue of missing persons. The court made the federal government realise this issue and now, the government is looking into this issue seriously, said AAG Munawar Iqbal Dogal.
Justice Kayani said that it has never happened here that someone took responsibility of failure and went to home after putting their resignation, as happens in the civilised societies. Whether it is the Enforced Disappearances Inquiry Commission, law enforcement agencies or the prime minister, unless someone’s own is kidnapped, he cannot even realise it, said Justice Kayani.
He remarked that the steps being taken by law enforcement agencies against terrorism are commendable but they want the issue of missing persons should come to an end and if anyone has committed any crime, action should be taken against him as per the law.
Later, the bench directed authorities to submit performance report every 15 days and deferred the proceedings till the next hearing on March 6.
Copyright Business Recorder, 2025
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