Poet to remain ‘missing’ until he reaches home: IHC

Tuesday, Jun 11, 2024

ISLAMABAD: The Islamabad High Court (IHC) on Monday ordered the registrar office to club all the cases of missing persons and present it to the chief justice for formation of a larger bench to address the matter of public interest.

Justice Mohsin Akhtar Kayani issued a four-page written order regarding disposal of a petition seeking recovery of the missing poet.

The court declared poet Farhad Ali Shah as a ‘missing person’ till he reached back to his home.

The order said that Syed Farhad Ali Shah who was missing since May 15, 2024 couldn’t reach home so far and a first information report (FIR) was registered with the Lohebher Police Station Islamabad under section 427 and 365 PPC regarding his missing.

It said that the court was told that Farhad Ali was arrested by Police Station Dherkot Kashmir and he was also required to Saddar Police Station Muzaffarabad in another case of terrorism.

It said that in above circumstances the person couldn’t be produced before the bench and the court has reached to a conclusion that he was forcibly disappeared and the institution concerned failed to recover him.

The court said that as per the investigation officer, Farhad Ali was currently in judicial custody.

However, keeping in view all the circumstances, the court declared the arrest of Farhad Ali as illegal. It said that investigation officer of Lohebher Police Station was bound to record the statement of Farhad Ali under Section-164 before a judicial magistrate after his return and proceed the investigation in light of the statement.

The court instructed the registrar office to invite the representatives from sensitive institution and law enforcement agencies in next meeting of Criminal Justice Committee so that their recommendations could be discussed and issued could be resolved in a legal way for the protection of citizens’ rights.

The court said that the cases pertaining to the national security can be heard in-camera and if it was necessary then larger bench can be formed after taking the briefing from the heads of investigation institutions. The orders can also be issued for non-reporting of these cases on media. —APP

PPI adds: Meanwhile, the Sessions Court sent Azad Jammu and Kashmir poet Ahmed Farhad to jail on judicial remand. During the case proceedings, Farhad was presented before the court by police upon the completion of his remand.

An incomplete challan was also submitted to the court. The court ordered that Farhad be transferred to jail on judicial remand, directing that he should be produced again on June 24. Following the court orders the arrested poet was transferred to Rara Jail.