ISLAMABAD: The Islamabad High Court (IHC), Friday, rejected the Additional Attorney General’s request to dispose of a petition seeking the recovery of Kashmiri poet Ahmad Farhad.
A single bench of Justice Mohsin Akhtar Kayani heard the missing poet Ahmed Farhad case, wherein, his wife moved the court through lawyers, Imaan Mazari and Hadi Ali Chattha for recovery of her husband.
During the hearing, counsel for the petitioner Imaan Mazari informed the court that detenue Syed Farhad Ali Shah has not yet reached home as he has been arrested in another criminal case FIR No205, dated 13.05.2024, U/S 120- B/147/148 /149/186/ 324/341/353/427 /436 /109 APC read with Section 7-ATA, PS Saddar Muzaffarabad and is on physical remand.
She further informed that the family of detenue visited him in another Police Station on the intervention of some senior police official of AJK Police and the detenue is not in good health condition due to multiple medical reasons.
On the other hand, Additional Attorney General along with Federal Prosecutor General contended that detenue is in police custody and presently on physical remand till 02.06.2024, therefore, instant writ petition has become infructuous.
However, the law officer was confronted with the prayer clause of this petition with reference to clause ‘b’ i.e. Direct the Respondents to identify and investigate those responsible, directly or indirectly, for abducting and illegally detaining the detenue and to prosecute those responsible for offences made out against them under the laws of Pakistan, whereby law officer contends that this aspect is no more relevant at this stage as principal prayer for recovery of detenue has been settled. Justice Kayani noted in his written order, “Be that as it may, this court is not in agreement with the view rendered by the law officer unless the detenue has been produced before the court after completion of process in the AJK.”
The petitioner counsel also contended that the post-arrest bail application of the detenue has also been filed before the concerned court and there is likelihood that the detenue would be released on bail by the court of competent jurisdiction within a few days. The case was adjourned until June 7.
Copyright Business Recorder, 2024
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