ISLAMABAD, FEB 19 (ONLINE): The caretaker Prime Minister (PM) Anwaar ul Haq Kakar could not appear in Islamabad High Court (IHC) in enforced disappearances of Baloch students case and the court has once again summoned care taker PM, Care taker defence minister and care taker interior minister on next hearing.
The court remarked ” leave aside terrorism. Even no case of smuggling, murder, theft, narcotics is registered against them. No documents or information about these missing persons have been shared before the court.
Justice Mohsin Akhtar Kayani remarked that you filed affidavit in Supreme Court (SC) that no one will go missing from now onwards. One person has gone missing from F-6 sector of Islamabad without FIR. The purpose behind summoning care taker PM was as to why the PM of the state has failed in his job.
He gave these remarks during hearing of petition against enforced disappearance of Baloch students Monday.
Attorney General (AG) Mansoor Usman Awan appeared in the court.
The court inquired from AG where is caretaker PM.
AG replied caretaker PM is at Karachi at present.
The court inquired caretaker ministers and others were summoned. Where they are.
AG replied care taker defence minister and caretaker interior minister are busy.
The court inquired where are defence secretary and interior secretary.
Interior secretary appeared in the court.
Justice Mohsin Akhtar Kayani inquired why did defence secretary not appear. 24th hearing of this case is going on today. The petition is filed since 2022 and commission was constituted on it. We took two years to recover our citizens against whom there is no criminal case.
The court further remarked leave terrorism. There is even no case of drugs, murder and theft registered against them. No documents or information were shared before the court about these enforced disappearances since the last two years.
Justice Mohsin Akhtar Kayani remarked you filed affidavit in the SC that no one will go missing from today.
The court remarked we have charges against the institutions with reference to enforced disappearances.
The court further remarked if care taker PM, defence minister, defence secretary, interior minister and interior secretary cannot work then they should leave their posts. After some days he will go and then a new PM will be standing here.
The AG while requesting the court to see this matter till elected government instead of care taker government said those governments should give reply in whose tenure they were made disappear. when the elected government comes it will see this matter afresh.
The court remarked there was one government for three and half year. Then there was another government for 16 months. Then caretaker government came but nothing was done. There are allegations directly against the institutions here. Different decisions of IHC are there in regard to enforced disappearances. Even the officers of the institutions were imposed fine to the extent of Rs one crore each but no result came out.
The court inquired from interior secretary ” secretary sahb have you such capability that you could see this matter. Defence secretary and interior secretary have their own job. I constitute a committee comprising the heads of ISI, Military Intelligence (MI) and IB . Why should we summon PM and or ministers. I constitute committee upon those against whom there are allegations.
The AG once again requested the court to wait for till the policies of elected government.
The court inquired as to why enforced disappearances be declared a crime in Pakistan Penal Code.
PTI leader Sher Afzal Marwat reached the court of Justice Mohsin Akhtar Kayani.
Sher Afzal Marwat while addressing the court said a day before Islamabad police and institutions raided my home. I was present in my house. My children were also present in the house. But the doors of my house were broken. Islamabad Police is the biggest criminal police.
He said ” I am supreme court lawyer and elected member of national assembly. Raid was conducted on my house without warrant. I ran away. Had I not run I would have been among missing persons. They can arrest me from any where.
The court remarked as to why police had gone to house of Sher Afzal at 1.30 o clock at night .
Sher Afzal said if IG Islamabad goes to jail for 10 days then no one will dare.
The court gave directive to interior secretary on the matter of raid on the house of Sher Afzal Marwat that IG Islamabad and head of Counter Terrorism Department (CTD) should appear in the court on next hearing. DC misused 3-MPO. Contempt of court case is running. I am feeling ashamed that such things are happening with an elected MNA and a lawyer. What he is talking he is talking about F-8 Islamabad and not of Lakki Murawat.
The court inquired from AG ” AG Sahb is any political government going to be formed or otherwise.
AG replied give time till the last week of March.
Counsel Iman Mazari who was present in the court room informed some people were recovered but people have gone missing again in February. AG had filed affidavit in the Supreme Court (SC) but even then people went missing in Balochistan.The enforced disappearance policy is now made by state.
Sher Afzal Marwat informed the court 26 parliamentarians of PTI were kidnapped during last 9 months. PTI people were kidnapped and later they were released in return for 2 to 3 crore rupees. Islamabad police is involved in kidnapping cases in Islamabad.
He said eversince the incumbent IG Islamabad Police has come he has brought Islamabad to this situation. 36 cases were registered against me due to my connectivity with PTI. I am on bail in all cases. But raid was conducted over night.
He said that they enter into houses forcibly by hiding their faces. They are forcing the people to raise arms. Like robbers they enter into homes by hiding their faces. I was thinking I should resist but I stopped.
The court remarked if any one is kidnapped from the limits of IHC after today then interior secretary, IG Islamabad and incharge CTD will be responsible. He honestly told the uniformed persons had come. He did not mention the name of any institution.
The court while directing to provide list of new missing persons to AG remarked I will order to constitute a 3-member committee comprising DG ISI, DG MI and DG IB.
Justice Mohsin Akhtar Kayani remarked the entire world is seeing what is happening in Islamabad. Crime will remain crime. The responsibility of enforced disappearances rest with the government no matter it is care taker government or elected government. First they kidnap people and then they hand over them to police and say the court releases them.
Iman Mazari said we had provided questionnaire about missing persons but no reply has come.
The court remarked no one is above law. All are laughing on us. Now a days children too are laughing on them. I, the lawyers sitting here and journalists will say to their children what when they come to homes. There will be a 3-member committee. No matter whatever the government is, they will be responsible.
Justice Mohsin Akhtar Kayani further remarked I will separately deal with IG Islamabad and incharge CTD. They have to provide protection to people. If they are not understanding the thing they make them understand.
The court directed secretary defence you have to brief them regarding court’s proceedings.
The court once again summoned care taker PM, care taker defence minister and care taker interior minister.
The court remarked no elected PM is being summoned because they will start the matter afresh.
The court remarked ” ask the PM not to go to Karachi on next hearing and appear in the high court. Care taker PM is not full time PM. Say to him there is no problem in coming to the court.
The court directed AG to brief all the three DGs
The court adjourned the hearing till February 28.
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