By News Report
ISLAMABAD: The Islamabad High Court (IHC) Monday expressed concern over the deteriorating law and order situation in the capital and sought a detailed report from the Islamabad police within 10 days on disappearance of Hammad Saeed Advocate who was later recovered.
DIG Operations Waqaruddin Syed, SP Saddar Sarfaraz Virk, SP Investigation Malik Naeem and others attended the proceedings.
Hammad Saeed Dar informed the court that he was forcibly kidnapped and taken to a small room with his eyes covered after a drive of around 20-25 minutes.
The police informed the court that they had registered a first information report (FIR).
The chief justice noted that there was no immediate response from the police and even the FIR was not registered timely. He said the state's attitude was not correct.
Justice Minallah asked what action was taken against the station house office (SHO) of the area for negligence to which DIG Operations Waqaruddin said a show-cause notice had been served on him, adding that he would be suspended.
He said the police response on missing of any common citizen should be immediate like in the case of a member of an elite family.
Justice Minallah said it was a serious issue and the court could issue order if the missing lawyer had not been recovered.
Justice Minallah said incidents of abductions were a serious matter and they were taking place with the culprits not being found.
He asked DIG Syed to thoroughly investigate the matter in detail and submit the details of investigation report to him in 10 days.
In his detailed order, Justice Minallah said Hammad was allegedly abducted from his home on Saturday morning and he appeared in the court on that day. "He has stated that the abductors after keeping him in illegal detention for forty-eight hours released him," the order said. "This court has been consistently pointing out the deteriorating law and order situation and alleged abduction of citizens," Justice Minallah wrote, noting that the 1400-square mile area of Islamabad Capital Territory was directly supervised and administratively controlled by the federal government.
"The most cherished and valuable fundamental right is [the] liberty of a citizen; the latter’s security and the right not to be deprived from freedom of movement; the right not to be detained otherwise in accordance with law," he added.
The order said the right to a fair trial and due process were an integral part of the guaranteed right under Article 10-A of the Constitution.
"An abduction may not be an 'enforced disappearance' but even such a perception is unimaginable and intolerable in a society governed under the Constitution, which guarantees fundamental rights," it read.
The IHC chief justice noted that the abductee in the present case was not the only victim. "The petitioner, who is his father, and other close relatives must have suffered the most," he said.
"In such an eventuality, [a] lack of response, non-cooperative and negative attitude of the agents of the state i.e. public functionaries becomes the most detestable form and manifestation of breach of constitutional obligations," the judge added.
He said the grievance of, particularly regarding the response of public functionaries in the case, "cannot be justified on any ground whatsoever", adding that the nature of the alleged incident was one of the "most heinous crimes" which ought to have been given the highest priority by the public functionaries.
"Regrettably the facts and circumstances in the case in hand indicate otherwise," the order said.
"The nature of the complaint [...] definitely puts a far higher onus to be discharged by the public functionaries in order to establish their bonafides by clearly demonstrating on the basis of the outcome of investigation that, not only in this case but in every other case of similar nature, the perpetrators of the crime are identified and proceeded [against] in accordance with law." According to the court order, the IG police is "expected to ensure that the complaint of the petitioner is thoroughly investigated and the public functionaries found responsible for lack of prompt and effective response are held accountable and dealt with in accordance with law".
While expressing faith in the government's commitment to restore rule of law in the capital, the order stated: "The abysmal state of law and order consistently observed by this court in numerous cases ought to be immediately redressed." The court adjourned hearing till January 15.
