Islamabad, June 10, 2024 — In a significant development, the Islamabad High Court (IHC) has declared Kashmiri poet Ahmed Farhad an “enforced disappearance/missing person” until he safely returns home. This declaration was made by Justice Mohsin Akhtar Kayani in a written order from last Friday’s hearing, the details of which were revealed on Monday.
Farhad, who was allegedly abducted from his home on May 15, had been the subject of urgent calls for release by the Human Rights Commission of Pakistan. His wife promptly filed a petition with the IHC, demanding his recovery, presentation before the court, and the identification, investigation, and prosecution of those responsible for his disappearance.
Justice Kayani, addressing the complexities of the case, posed 12 critical questions concerning the roles and responsibilities of Pakistan’s intelligence agencies, including the Inter-Services Intelligence (ISI), Military Intelligence (MI), and the Intelligence Bureau (IB).
Despite multiple court orders, it wasn’t until May 29 that Farhad reappeared. The government informed the court that he was in the custody of Azad Jammu and Kashmir (AJK) police on charges related to obstructing a public servant’s duties, registered on the day of his reappearance. On June 1, following his counsel’s request, Farhad was brought to a Muzaffarabad health facility for a medical check-up.
Last week, an AJK Anti-Terrorism Court (ATC) denied Farhad’s bail plea, stating that the legal arguments presented by his counsel were not applicable to the case.
On June 7, the IHC concluded the petition for Farhad’s recovery, noting that ongoing proceedings were causing him undue hardship. The written order issued today reinforced that upon Farhad’s safe return, the investigation officer at Islamabad’s Lohi Bher police station must record his statement under Section 164 of the Code of Criminal Procedure (CrPC) before a judicial magistrate and proceed accordingly.
Justice Kayani also addressed the broader issue of enforced disappearances, recommending that the IHC Chief Justice Aamer Farooq consider forming a larger bench to handle these cases more effectively. This bench would be tasked with consolidating all pending cases related to enforced disappearances to better serve public interest.
Further directives included inviting the director generals of the ISI, MI, and IB, along with the Counter Terrorism Department (CTD) in charge, to the next Criminal Justice Committee meeting. This meeting aims to ensure that all institutions, including the Islamabad police, inspector general, chief commissioner, and the ministries of interior and law, work collectively to protect citizens’ rights and address the heinous crime of enforced disappearance within the bounds of legal jurisdiction.
Justice Kayani’s order also suggested that cases involving national security be held in-camera and that important matters be heard by a larger bench, following briefings by top investigative agency heads. Additionally, the order directed that such sensitive cases should not be reported in the media to maintain confidentiality and national security.
This ruling marks a pivotal moment in the ongoing struggle against enforced disappearances in Pakistan, highlighting the judiciary’s commitment to upholding human rights and legal accountability.