ISLAMABAD: In a significant legal development, the Islamabad High Court (IHC) on Wednesday dismissed a series of intra-court appeals (ICAs) filed by the federal government challenging fines imposed on senior officials for failing to recover missing persons.
The division bench, consisting of Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, reviewed the appeals against prior decisions by the IHC’s single bench. The cases in question included those of Sajid Mehmood, Umar Abdullah, journalist Mudassar Naaru, and other missing individuals.
Previously, the single bench had fined the defence and interior secretaries, the Islamabad chief commissioner, and various police officers, while also directing the government to provide regular compensation to the families of the missing persons.
During the hearing, Additional Attorney General Barrister Munawar Iqbal Duggal represented the federal government. When questioned about the progress in locating the missing persons, Duggal admitted that the government had not succeeded in tracing their whereabouts and requested additional time from the court.
Chief Justice Farooq, visibly frustrated by this response, pointed out that these individuals had been missing for several years, yet the government still required more time. “What the court can do is to double the fine, or we summon the prime minister,” he remarked.
Justice Aurangzeb highlighted that the government had repeatedly sought extensions without making any tangible progress. The chief justice questioned if the government was waiting for “some miracle” to resolve the issue.
Criticizing the Commission of Inquiry on Enforced Disappearances, Chief Justice Farooq labeled it a financial burden on the exchequer due to its apparent ineffectiveness in recovering missing persons. Barrister Duggal defended the commission by stating it had resolved 7,500 out of 10,500 complaints. However, Iman Mazari, representing Naaru’s mother, countered that the commission’s progress report even included deceased individuals among the resolved cases.
Ultimately, Justice Aurangzeb declared the dismissal of the intra-court appeals, while allowing the federal government the option to appeal to the Supreme Court.
Abbottabad Case
In a related development, a single bench of the IHC issued a notice to the Attorney General for Pakistan regarding a petition for the recovery of Ateequr Rehman, who went missing from Abbottabad in 2004. Justice Miangul Hassan Aurangzeb was informed that Rehman’s heir had filed a complaint with the Commission of Inquiry on Enforced Disappearances. Despite an intelligence agency admitting to his custody, the commission did not issue a production order.
Justice Aurangzeb, expressing concern over the lack of recourse, remarked, “Where the relative would go then, would they seek relief from the International Court of Justice?” The notice to the attorney general seeks a formal response from the government on this matter.
This ruling underscores the ongoing challenges and frustrations surrounding the issue of enforced disappearances in Pakistan, with the judiciary pressing the government for more accountability and action.