The Islamabad High Court, refusing the government’s request to close the case concerning the involvement of spy agencies in enforced disappearances, emphasized that despite Ahmed Farhad’s recovery, questions about this matter would still need answers. They declined to dispose of the petition until Farhad is presented in court. Farhad, who was reported missing, has reportedly been found and is currently in police custody under physical remand until June 2, according to Additional Attorney General Barrister Munawar Iqbal Duggal.

 

Justice Kayani emphasized that the petitioner seeks directions to identify and investigate those responsible for the alleged abduction and illegal detention of Farhad, and to prosecute them accordingly. Mr. Duggal argued that since Farhad has been recovered, this issue is no longer relevant, and Pakistani court orders do not bind the judiciary of Azad Jammu and Kashmir. However, Justice Kayani disagreed, stating that the detainee must be produced before the court after the process in AJK is completed.

The petitioner’s counsel mentioned that Farhad has also applied for post-arrest bail, and there’s a chance he might be released soon. Justice Kayani noted that he had framed questions regarding enforced disappearances and spy agencies’ legal framework, indicating that answers would be sought at the right time.

Federal Minister for Law and Justice Azam Nazeer Tarar suggested obtaining answers to the questions in another case, but Justice Kayani had previously ordered intelligence agencies to clarify their role in police investigations and be accountable in court jurisdiction.

The court emphasized the urgency of addressing the issue of missing persons, noting the absence of legislation to regulate the role and accountability of law enforcement agencies. Justice Kayani instructed Islamabad’s police chief to provide a report on cases registered against unknown persons in the past year, specifically focusing on statements recorded from abductors or their next of kin regarding allegations against any agency, including the statements from relevant agency sector commanders.

Expressing concern over the negative perception of intelligence agencies due to enforced disappearance cases, Justice Kayani called for efforts to improve their public image. He summoned the law minister, law secretary, and sector commanders of ISI, MI, and IB to assist the court and provide insights into their code of conduct and working procedures. Additionally, details were sought regarding actions taken against intelligence agency officials involved in illegal detentions, blackmail, and surveillance of citizens, along with a procedure for self-accountability within these agencies.