ISLAMABAD: Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) on Wednesday said that the time will come when senior officials of intelligence agencies would be prosecuted for enforced disappearances.
Justice Kayani made these remarks while hearing a petition against manhandling of Baloch protesters.
Attorney General Anwar Mansoor Awan informed the court that the federal government would submit an affidavit before the Supreme Court and provide an undertaking against enforced disappearances.
Justice Kayani commented that state institutions should have faith in the judicial system. He added that a lack of trust in the judicial system results in enforced disappearances and detaining a citizen without due process would be a futile exercise if there is no probability of conviction.
According to him, the fight against terrorism cannot be effectively carried out by detaining people based on suspicions alone.
Justice Kayani emphasised that the concept of disappearances is alien in civilised societies, and the prime minister would be held responsible if a citizen goes missing.
During the course of the hearing, Imaan Mazari, counsel for the Baloch protesters, informed the court that nine missing students have been recovered, while the whereabouts of 15 are still unknown.
Justice Kayani remarked that Pakistan’s image is deteriorating globally due to enforced disappearances, and the highest office is required to submit an undertaking that the state is not behind this menace.
The counsel said that the Balochs are protesting against enforced disappearances and extrajudicial killings.
A woman protester urged the court to provide some hope, or else they would lose faith in the system.
Justice Kayani emphasised that higher authorities, including the prime minister and his cabinet members, are responsible for ensuring the right to liberty of the citizen. He adjourned the hearing in this matter till Feb 13.
Published in Dawn, January 11th, 2024
