Pakistan: IHC orders investigation into missing person’s disappearance


ISLAMABAD: The Islamabad High Court (IHC) on Wednesday disposed of the petition following Haseeb Hamza’s recovery and ordered a comprehensive investigation into his disappearance.

Missing person Haseeb Hamza, accompanied by police personnel, arrived at the IHC on Wednesday, after being recovered.

IHC Chief Justice Athar Minallah heard the case. During the session, missing citizen Haseeb Hamza and Advocate General Islamabad Barrister Jahangir Jadoon appeared before the court.

The court inquired where Haseeb was, to which he replied that he had been blindfolded at the time of his taking and was unaware of where he was.

The chief justice then asked police personnel what inquiry the IG had done. According to the police, they were investing the delay in registering the initial case as well as the disappearance.

When asked by Justice Minallah about the other missing persons cases the police had, they stated that some people had been recovered while other cases were still underway.

The IHC CJ remarked that the state had a constitutional responsibility to ensure the protection of citizens, but that no one was fulfilling their responsibility and accountability was also not ensured. He maintained that on August 23, Haseeb’s father went to the Station Housing Officer (SHO) but the first informant report (FIR) was only filed after the court took notice.

“Has the court ever stopped you from taking action against someone who has committed a crime?” he questioned, adding that the police must act according to the law.

He highlighted that even today people were missing and questioned how the system would work. The advocate general replied that there were some defects in the system and a full investigation would be conducted.

The advocate general further stated that the IG had been instructed to take immediate action if someone went to the police.

CJ Minallah said that the system did not have any defects, rather there was no accountability or responsibility. He maintained that the court could do nothing except for upholding the constitution and the law.

The AG said that he would hold a meeting, but the CJ stated that the court did not want to know about meetings.

Justice Minallah questioned who would investigate the matter and questioned who had kidnapped Hasseb, to which the AG said that the victim could identify a person who had been involved in his kidnapping.

“Do not speak to him like that”, the judge stated in reply to the AG.

According to the high court’s order, the Inspector General himself is to supervise the investigation regarding Haseeb’s case and must submit a report to the registrar of the high court after the investigation.

“This court depends on you and cannot conduct inquiries itself”, Justice Minallah said, questioning what would happen if those responsible did not do their duties.

The AG responded that they will do their duty, to which the CJ stated that the duty that should be done was not being performed. He further said that the police had also violated the recent court order

“Those responsible for the missing and neglecting of the youth should be determined”, Justice Minallah said.

The court maintained that in light of past orders, the authorities should punish those who do not fulfil their responsibilities, the court said.

On Tuesday, the IHC had given Islamabad Inspector General Akbar Nasir Khan a day to recover the missing person, Haseeb Hamza.

IG Khan had appeared before the court and had informed Justice Minallah that an FIR had been registered in the case.

Chief Justice Athar Minallah had remarked that it was “intolerable” that a citizen had gone missing from the court’s jurisdiction. He had maintained that all sector commanders and chief commissioners should facilitate in locating the missing man.

The CJ had warned that action would be taken against all if the missing person was not found, directing the IG along with the chief commissioner to appear before the court at 10 am on Wednesday (today).__Courtesy