ISLAMABAD – The Islamabad High Court on Friday remarked that the government is prima facie is beneficiary of enforced disappearance.
Justice Miangul Hasan Aurangzeb was hearing the case related to missing two brothers of PTI activist Azhar Mashwani.
Advocate Babar Awan was representing the petitioners.
“Is there any information?,” the judge asked as the hearing commenced. On it, Additional Attorney General Munawar Iqbal Dogal said that the efforts are underway as contact was made with the high ups earlier today.
Babar Awan argued that existing laws addressing rebellion and incitement do not clarify what constitutes national interest. He suggested that different stakeholders might have varying definitions of national interest, citing examples such as lowering electricity prices or providing gas in Balochistan.
The court was informed by the Punjab Police’s SP from Lahore that the family had provided CCTV footage, but due to low resolution, neither NADRA nor forensic agencies could derive useful information. Geo-fencing data for 10,000 numbers was collected, but no actionable information had been obtained as of August 23. The Safe City Project’s coverage was insufficient, and no law enforcement agency had made significant progress.
Justice Aurangzeb remarked that it seemed the government was benefiting from the enforced disappearances.
The Attorney General had promised to brief the Prime Minister on the matter, but the disappearances continue.
Lawyer Babar Awan submitted that the Prime Minister has not had the time to review the court’s orders.
The court queried the Additional Attorney General about the investigation’s status since the case was brought to the Islamabad High Court.
The Additional Attorney General responded that a geo-fencing report had been completed.
When asked how long the two individuals had been missing, the police officer said they had been missing since June 6.
The court expressed concern that the two individuals had been missing for three months and referred to the problems being faced by the families.
The court questioned whether any outcomes had emerged from the meeting between the Prime Minister and the Attorney General.
During the hearing, Babar Awan requested that the Prime Minister be summoned to court.
The court observed that the Prime Minister, as head of state, and the Attorney General, as head of law, are both integral to the legal process. The Attorney General had been summoned according to the standard procedure.
Justice Aurangzeb warned that if the government fails to follow due process, it would harm the country’s reputation. He mentioned that the case would be kept on the docket until Tuesday, though he would be absent on that day, hoping this would not delay proceedings.
The court directed the head of the JIT, SP Lahore to submit reports and directed the police to investigate how non-police personnel obtained and wore police uniforms.
Babar Awan also asked the court to issue strict orders, to which Justice Aurangzeb remarked that the court would pass a ruling on the case.
