It was revealed on Monday that Kashmiri poet Ahmed Farhad would be considered a “enforced disappearance/missing person” until he returns home, following an order by Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC).
A copy of the written order from Friday’s court can be found on Dawn.com. It said, in part, that Syed Farhad Ali Shah was considered a missing person until he returned home safely.
According to reports, Farhad was kidnapped from his house on May 15. The Pakistani Human Rights Commission has demanded that Farhad be released right now.
The same day, Shah’s wife filed a petition with the IHC asking for his recovery, his presence in court, and the identification, tracking down, and prosecution of those accountable for his absence.
At the first hearing on the case, which was held a day earlier, Justice Kayani threatened to call the defence secretary if Senior Superintendent of Police (SSP) Jameel Zafar failed to bring Shah back, no matter what.
Advocates Imaan Zainab Mazari and Hadi Ali Chatha defended Shah’s wife in court today; SSP Zafar, Assistant Attorney General Usman Rasool Ghuman, and other authorities were also present.
According to the formal ruling, which Dawn.com has a copy of, the SSP told the court that an investigation was underway and that a special investigative team had also been created for the purpose.
The SSP said that letters were sent to various law enforcement agencies, other suspicious cars were searched, and geo-fencing was implemented in addition to the collection of CCTV evidence from the event.
According to the order, “on the next date of hearing, secretary, Ministry of Defence is directed to submit concise report after seeking report from relevant quarters of Inter Services Intelligence, as well as from Military Intelligence, with an explanation as to how and under what circumstances the detaine has been kidnapped and abducted from Islamabad Capital Territory,” because “at this stage, learned counsel for petitioner contends that petitioner has specifically nominated Inter Services Intelligence in abduction.”
The matter has been postponed until Monday.
Mustafa Nawaz Khokhar, a politician, stated that he was present during the hearing and expressed his satisfaction with the court’s “categorical position” on the issue.
When questioned about the situation during a news conference, Interior Minister Mohsin Naqvi stated that he had spoken with the Inspector General of Police (IGP) about it and that a search was already underway.
“They are looking, and hopefully they will figure something out.”
The hearing today
Justice Kayani questioned the SSP about receiving a “positive response” from organisations in situations involving missing people investigations throughout the hearing.
“You either claim that the man was taken away by Raw (Indian intelligence) personnel when they arrived. The judge said, “Then I will accept it.”
Justice Kayani said that none of the missing person cases that have been reported this year have had their investigations concluded.
“Unfortunately, everyone in Pakistan—including myself—knows exactly who is doing what, but we have chosen to close our eyes,” he said.
“What a fantastic system—the missing individual isn’t even allowed to return and provide a statement. The missing individual and his family are instructed to remain silent when they find them.
According to Justice Kayani, people who engage in the practice “should be hanged” and laws against forced disappearances should be put in place.
The court declared, “The fact is, those who criticise the state are missing, with the majority of them being social activists and journalists.”
In my own role, I am calling the defence secretary and the ISI sector commander [for Islamabad]. I will call ministers and then the prime minister if the secretary is unable to guarantee the recovery.
“The punishment will have to be borne by the IG if someone goes missing from the jurisdiction of the Islamabad High Court,” he continued.
Justice Kayani also inquired as to whether the issue might be resolved by sending a letter to the security services.
The poet was detained, according to the judge, only for saying a few offensive remarks.
“Every day, insults are directed at people on social media. What will you do? Are you going to pick everyone up? Give me another choice if it doesn’t work for you.
The judge threatened to file a contempt of court show-cause case against Shah if he could not be located.
“I completely trust the police.” Nobody else represents the state as the cops do, he declared.
