Human Rights

Justice Kiyani summons Secretary Interior & Defense on abduction of Ahmad Farhad Case

Islamabad: Justice Mohsin Akhtar Kiyani, Senior Pusine Judge, Islamabad High Court has summoned the Secretary of Defense and Secretary of Interior to his court tomorrow (Tuesday) and ordered them to submit a written report, about their point of view on Enforced Disappearances and why can’t a single person can be recovered abducted from Islamabad.

The hearing resumed at 3:00 p.m. Earlier in the hearing, Justice Kiyani ordered to submit a concise report of sector commander ISI and DG ISI by 03:00 pm in the court else he’d pass the order which would affect everyone.

Justice Kiyani asked who was from the Ministry of Defense to which he was informed that Director Legal, Ministry of Defense, Brig (retd) Falak Naz was present in the court. Brig (retd) Falak Naz told the court that, Ahmad Farhad is not in the custody of ISI and they’re denying the allegations made by the petitioner.

Justice Kiyani remarked that it’s a failure of ISI & MI and the case has gone beyond them now. In addition, Attorney General Munawar Iqbal Duggal told the court that FIR has been registered and agencies are investigating the matter to which Justice Kiyani remarked that you didn’t do any favor to anyone, check the registers in police stations of Islamabad, they’re filled with Enforced Disappearances FIRs.

Justice Kiyani remarked, law will take its course now, I’ll summon Secretaries of Interior & Defense then Ministers of Secretary & Defense then Prime Minister of the country and Federal Cabinet. We’ll decide here once and for all whether the country will run under agencies or law. During the hearing when the prosecution team seemed a bit reluctant to bring Sector Commander, ISI into the court, Justice Kiyani remarked, “Does Sector Commander live on the moon? Is he a big wig? He’s only a grade 18 officer, let them live in their skins, this country can run without them as well.

Justice Kiyani also told representative of the Ministry of Defense, not to call the wife of Ahmad Farhad again. He remarked come in the court if she was lying, the court would decide who is lying. Justice Kiyani also remarked that the area of Islamabad is 32 square kilometers and the practice of picking up people in Dala (pickup trucks) has to end here.

Earlier during the hearing Adv. Iman Mazari lawyer of the petitioner told the court that, ISI officials contacted Ain Naqvi wife of abducted Poet Ahmad Farhad on Friday and asked to withdraw the petition on Saturday, and by Saturday evening Ahmad Farhad will be released. According to her, they exchanged three drafts, and the application was withdrawn on Saturday morning but Ahmad Farhad wasn’t released and ISI officials told them, he’ll be released by Monday. Ain Naqvi pursued the petition again after the negotiations didn’t work out. Iman Mazari told the court that a lot of pressure has been put on the petitioner but she’s very strong.

Justice Moshin Akhtar Kiyani asked SSP Operations if the abductee a terrorist or a robber or if he was from India or Afghanistan. Why do agencies misuse and abuse Pakistanis so much that they go against them? Every institution earns respect because of its employees. He further remarked that this is abuse and obstruction of justice against which no average citizen has a remedy.

Justice Kiyani remarked, I need Ahmad Farhad from the custody of ISI, I’ll pass an order against all of them. Prove everyone wrong that ISI is not abducting citizens. Everyone alleges ISI for enforced disappearances, you’ve to prove the perception against you is wrong. Justice Kiyani told the investigation officer to take statements of the Sector Commander, ISI, and DG ISI under section 161.

Assistant Attorney General Usman Ghumman in the courtroom asked for 2 days for the concise report to be submitted in court to which Justice Kiyani asked, do they live on the moon or in a safe house in Bajor or Kashmir? You’ve never been abducted that’s why you don’t know how each minute is passed by the abductee and the relatives. Namaloom Afrad (Unknown Persons) are not the face of the state, police are the face of the state.

The hearing was attended by the family of Ahmad Farhad, Amna Masood Janjua, Mustafa Nawaz Khokar, and activists.

Ali Hamza

Ali Hamza is an Islamabad-based journalist with a keen focus on courts, politics, and missing person cases. Known for his in-depth reporting, Ali has established himself as a credible voice in the field of journalism. Follow him on Twitter @alihamzaisb
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