ISLAMABAD: Law Minister Azam Nazeer Tarar on Monday addressed a growing rift between governmental institutions, criticising the judiciary for “overstepping its mandate” regarding the case of missing Kashmiri poet and journalist Ahmed Farhad Shah.

Speaking at a press conference, Tarar expressed concerns over the Islamabad High Court (IHC)’s recent handling of the case. Justice Mohsin Akhtar Kayani had issued stern remarks against security agencies for their failure to recover Shah and warned that the court might summon the prime minister and his cabinet if the poet was not found.

Tarar, with “all due respect,” asserted that the judiciary does not have the authority to summon senior military officers and government officials to court in such cases. “This is not the mandate of the court. The court is a platform for providing justice in line with the law and Constitution,” Tarar stated.

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He elaborated that in cases of “habeas petition,” the court seeks answers, and it is the government’s responsibility to respond earnestly. Tarar emphasised that unresolved cases should be handed over to the police, with an FIR lodged to ensure the individual’s recovery, as per the law that has been in place for the past 50 years.

While noting that Shah’s case is sub judice and refraining from detailed comments, Tarar expressed that the court’s remarks were “inappropriate” and could incite “unrest”. He pointed out that a representative of the Defence Ministry had already informed the court that Shah was not in their custody and that the institutions were prepared to assist the police.

“The court’s assertion that these issues ‘will not be resolved like this’ undermines the sanctity of parliament,” Tarar said, adding that media reports of the judge’s intention to summon the prime minister and his cabinet further exacerbate tensions between institutions.

The minister’s comments highlight the ongoing friction between the judiciary and other branches of government over the handling of enforced disappearances and the roles each institution plays in resolving such sensitive cases.

Copyright Business Recorder, 2024