Missing persons: IHC asks defence ministry if anybody is accountable in agencies

ISLAMABAD: The Islamabad High Court has directed the federal defence ministry to file comments on what the mechanism for self-accountability in intelligence agencies is, whether anybody is responsible within the intelligence agencies and where self-accountability can be seen.

Justice Mohsin Akhtar Kayani remarked that it is clear that the state or the courts will not protect a terrorist, but the question arises whenever there is an action beyond the law.

The court observed that if someone is a terrorist then a case should be registered and action should be taken, but extrajudicial action must not be taken as every institution has to work within its authority. The court observed that a committee comprising director generals of the ISI, MI and IB was formed and if there is any objection then reasons should be put forward and the court should be satisfied.

Justice Mohsin Akhtar Kayani heard the petitions for the recovery of Baloch missing persons.

Attorney General Mansoor Usman Awan filed a report regarding the recovered missing persons in the court.

A petitioner’s counsel Iman Mazari submitted that a Baloch student was picked up on the same day that the caretaker prime minister appeared before the court and then the missing student was released from Rawalpindi the very next day.

Justice Kayani said human rights violations had been identified in the petition. The court observed that the Enforced Disappearance Commission has to work with intelligence agencies against whom the very allegations of enforced disappearance are levelled.

The court observed that the working of the police was better than all other institutions as their actions could be examined ad it can be determined whether these were in accordance with the law or not, and in some cases police officials are even suspended.

It said those institutions which are under the law are regulated, but asked the regulations were for those institutions which work beyond the scope of the law.

The court further observed that mistakes can be committed while action is being taken, but it does not mean that those committing these mistakes are not accountable. The court inquired under which law the agencies are working and whether they are working under the law like the Federal Investigation Agency and other agencies.

It observed that committees have been constituted in which the DGs of the ISI, MI and IB were included, and asked the federal law officer to apprise the court about it status. The attorney general submitted that the government had approached the Supreme Court in this regard.

Justice Mohsin Akhtar Kayani remarked that the petitioners’ counsel informed the court that a citizen was picked up from the very day when the caretaker prime minister gave a statement before the court, which shows that the statement of the PM has no value. The hearing of the case was adjourned till May 21.