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IHC justice seeks affidavit from top officials to end enforced disappearances

Justice Mohsin Akhtar Kayani calls for prosecuting intelligence agencies officials

By Awais Yousufzai
January 10, 2024
A view of the Islamabad High Court building. — Geo News/File
A view of the Islamabad High Court building. — Geo News/File

ISLAMABAD: Islamabad High Court (IHC) Judge Mohsin Akhtar Kayani on Wednesday sought affidavit from top officials including prime minister to put an end to enforced disappearances, while calling for prosecuting intelligence officials.

Justice Kayani’s observation came during a hearing of a petition filed by human rights activist Imaan Mazari seeking the recovery of missing Baloch students.

The judge remarked that enforced disappearances take place because state institutions do not believe in the rule of law.

“Is it difficult that police will write a supplementary [statement in FIR] and make the intelligence officers accused? Time will come when intelligence officers will be prosecuted,” the IHC judge remarked.

Justice Kayani said the prime minister, secretaries of interior and defense must give an affidavit that enforced disappearance will not happen in the future.

“Police are the front face of the state, other institutions are not..,” he added.

The IHC judge said trials of terrorists are held in anti-terrorism courts. “Is it forbidden to hold the trial of Baloch extremists in the same courts?” asked Justice Kayani.

The IHC judge also asked the federal government to restore the anti-terrorism courts in Balochistan to hold trials of the accused and added that the petitioners seeking recovery of missing Baloch students did not want to protect terrorists.

“The concept of missing persons is only found in Pakistan, not in other countries,” the judge noted.

During the hearing, the IHC judge also expressed concerns about the well-being of recovered persons.

“No missing Baloch person has ever come before me after recovery…I don't know if the recovered people are fine or not?”

The IHC judge also inquired from petitioner Mazari whether the protest sit-in staged by protesters against enforced disappearances is still underway.

Mazari informed the court that the Baloch protesters sit-in was still going on and they were harassed again despite court’s directives.

The IHC adjourned the hearing of the case till February 13.