The Islamabad High Court (IHC) senior puisne judge, Justice Mohsin Akhtar Kayani, made significant remarks on Tuesday while hearing a petition regarding the implementation of the recommendations of the Commission of Inquiry on Enforced Disappearances. The Attorney General of Pakistan (AGP), Mansoor Awan, appeared before the court and submitted a report compiled by the commission on a court order issued in January.
Justice Kayani inquired about the number of people arrested, disappeared, or harassed over the past ten years, to which the AGP replied that intelligence agencies cannot harass anyone. The judge responded by saying that it would be beneficial to clarify the working procedures of intelligence agencies. According to the law, police and the Federal Investigation Agency (FIA) can conduct investigations, while intelligence agencies can assist with the investigation.
The AGP stated that until the issue is resolved politically, the matter will not be settled. Justice Kayani remarked that it is acknowledged then that this is a political issue, and they don’t want to invite anyone from outside to solve the issue. He emphasized that mistakes happen, but one must learn from mistakes and move forward.
The judge praised AGP Awan, noting that this was the twenty-first hearing of the case, and several missing students had been recovered thanks to the attorney general’s hard work. Due to his efforts, several missing persons have now reached home.
Lawyer Imaan Zainab Mazari, who appeared as counsel for the missing Baloch students, said that relatives of the missing students were being threatened. She noted that although a commission had been formed, no one had gone to meet the relatives of the missing students, adding that no progress had been made by the commission.
Justice Kayani said that until cases of missing persons continue to come, the courts would continue to function. There is no single case where you make an order, and the matter is resolved. AGP Awan noted that the media should also lend their support to the courts so that negative points aren’t highlighted.
In response, Justice Kayani remarked that the media is independent, and the courts do their job when the media highlights issues of missing persons. Often, if a person goes missing from one corner of the country, the media’s coverage helps recover that person. The people of Balochistan are also Pakistani, and we must stand with them.
The attorney general noted that the issue of missing persons will be taken up at the next two cabinet meetings. Referring to a previous committee comprising the heads of the ISI, MI, and IB, AGP Awan recommended that the committee be replaced with people below the director general (DG) level for easier coordination.
In conversation with the AGP and advocate Mazari, Justice Kayani said he would issue an order in this regard, which both of them could take a look at.
