IHC Orders Live Telecast of Enforced Disappearance Cases, Summons Top Officials
On May 24, Islamabad High Court (IHC) allowed the live telecast of all cases related to enforced disappearances. This ruling came during a hearing on the petition for the recovery of the missing Kashmiri poet and journalist, Ahmed Farhad Shah, allegedly detained by an intelligence agency from Islamabad.
A petition was filed by Shah’s wife on the day of his alleged abduction, May 15, demanding his recovery and the prosecution of those responsible. Advocates Imaan Zainab Mazari and Hadi Ali Chatha represented Shah’s wife in court.
Presiding over the case, Justice Mohsin Akhtar Kayani summoned key figures, including the defense secretary, the sector commanders of the Inter-Services Intelligence (ISI), Military Intelligence (MI), and the director of the Intelligence Bureau (IB) to appear in person on May 29. Notably, Law Minister Azam Nazeer Tarar was also summoned following his comments urging judicial restraint, which he made at a press conference earlier in the week.
The court additionally instructed the investigating officer to obtain a statement from the ISI sector commander under Section 161 of the Criminal Procedure Code. In its ruling, the court emphasized the necessity for all institutions to operate strictly within their constitutional boundaries.
Moreover, the court ordered that the proceedings of all missing persons cases be made accessible to the public through live streaming.
Police officials reported that they have successfully traced the location of the abductors and anticipate reaching the identified site and individuals shortly. The court has directed the investigating officer to record the statement of the ISI sector commander. The Attorney General explained that the ISI reports directly to the Prime Minister, whereas the Military Intelligence (MI) is under the jurisdiction of the Defence Secretary and the Pakistan Army.
During the hearing, renowned journalist Hamid Mir highlighted that the Pakistan Electronic Media Regulatory Authority (PEMRA) has imposed restrictions on the electronic media’s ability to report on court proceedings. Responding to this, the Attorney General clarified that based on the current notification, the court retains the authority to permit media coverage of specific cases as it sees fit.
The IHC has underscored the issue of missing persons as the paramount public interest challenge currently facing the country. The court has pointedly criticized the failure of parliament to enact necessary legislation to clearly define and regulate the operations of law enforcement agencies.
The IHC mandated that intelligence agencies disclose details regarding individuals detained, and clarify whether personnel involved in unlawful detention, blackmailing, or phone tapping have been disciplined. The court also questioned the mechanisms for compensating the families of missing persons, noting that such disappearances tarnish the reputations of the ISI, MI, and other agencies, diminishing their credibility and public image.
Justice Kayani also sought a detailed report from Inspector General Ali Nasir Rizvi on all cases filed against unidentified individuals in the past year across various police stations, specifically asking whether investigating officers had recorded statements from either the abductors or the relatives of the accused, addressing allegations against any intelligence agency. He further inquired if statements from the sector commanders of the relevant agencies were documented during these investigations.
Highlighting the detrimental impact of enforced disappearances on the reputation of intelligence agencies, Justice Kayani emphasized the urgent need to correct the prevailing negative public perception. To this end, he summoned the Law Minister and the Law Secretary to aid the court’s understanding. Seeking deeper insights into the operational conduct of the ISI, MI, and IB, Justice Kayani also called upon these agencies to provide explanations on their code of conduct and to disclose the measures taken against any officials found guilty of illegal detention, blackmail, and surveillance. Additionally, the court demanded information on the internal mechanisms of accountability within these intelligence agencies.
The hearing was adjourned until May 29.
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