“Does the [ISI] sector commander live on the moon” ? questions Justice Justice Mohsin Akhtar Kayani’s remarks during proceeding in IHC
- IHC directs IO to sumbit secort commander’s statement tomorrow
- After secreteries, PM will also be summoned, remarks juedge.
- Now matter has gone beyond jurisdiction of ISI and MI.”
Frustrated by the authorities’ failure to recover the missing Kashmiri poet and journalist Ahmed Farhad Shah, Islamabad High Court’s Justice Mohsin Akhtar Kayani questioned on Monday whether spy agencies would govern the country or the law.
Shah was allegedly abducted from his house last week. On May 15, his wife petitioned the IHC for his recovery and requested the court to identify, investigate, and prosecute those responsible for his disappearance.
At the outset of today’s hearing, a representative from the Ministry of Defence informed the court: “Hostage [Shah] is not with the Inter-Services Intelligence (ISI).”
The official further stated that the ISI refuted allegations of its involvement in the poet’s enforced disappearance.
In response, Justice Mohsin Akhtar Kayani remarked: “Now the matter has gone beyond the jurisdiction of the ISI and Military Intelligence (MI). They are admitting their failure.”
Justice Kayani directed the defence secretary to submit a written report to the high court and ordered both the defence and interior secretaries to appear before the court today.
The judge indicated that he would later summon Prime Minister Shehbaz Sharif and cabinet members in the case, emphasizing, “This matter is not so simple and easy. An example has to be set in this case.”
He also noted: “They [spy agencies] are sending messages to the family but at the same time claiming the person is not in their custody.”
Criticizing law enforcement agencies for failing to recover the abducted poet, Justice Kayani asked, “Does the sector commander live on the moon? What’s his stature? He’s an 18th-grade officer, who should stay within his [constitutional] limits. Do not follow them, the country can run without them.”
The court directed the investigation officer to record the sector commander’s statement and submit it to the court on Tuesday.
Justice Kayani added that he would dismiss the petition if the missing poet was a terrorist or named in any case.
Meanwhile, an additional attorney general informed the court that an FIR had been lodged and the police were conducting investigations. The judge reminded the attorney that filing an FIR was not a favor but a duty of the police.
According to media reports, during the previous hearing, Justice Kayani noted the need for a law prescribing the death penalty for those responsible for enforced disappearances.
During his interaction with journalists in the IHC, AAG Munawar Iqbal stated that this was a case of abduction, not illegal confinement, and the police were investigating the matter. He referred to the Shehnaz Bibi case, where the court had ruled not to interfere in the investigation.
Further assistance will be provided to the court in this regard, he added