IHC orders recovery of Mashwani’s missing brothers by 20th

ISLAMABAD: The Islamabad High Court (IHC) gave the federal government the final deadline for the recovery of Pakistan Tehreek-e-Insaf social media activist Azhar Mashwani’s two missing brothers and ordered their production before it by August 20. Hearing a petition for the recovery of Azhar Mashwani’s two missing brothers Prof Mazharul Hasan and Prof Zahoorul Hasan, Justice Miangul Hassan Aurangzeb of the IHC inquired the interior secretary what he would say about Mashwani’s brothers, who had been missing since June 6, or he would just submit a report.

Additional Attorney General Munawar Iqbal Duggal said the defence secretary had been out of the country since August 11 and the joint secretary was present, instead. He said there is also a jurisdictional issue.

Justice Aurangzeb remarked that the federal law officer represents the federation and has authority. The court told the law officer that he had the defence secretary and the interior secretary and the matter should not be made an issue of ego.

The IHC observed that the number from which Azhar Mashwani was called is his brother’s number. The lawyer said that when the brother was picked up, the mobile phone and other things were taken away with him.

The court asked the interior secretary what he wanted to say on the issue, for when the police wanted to find a person they succeeded in ascertaining in whose custody that person was. It observed that responsibility falls on the interior and defence secretaries and set the August 20 deadline for them to ensure that the missing persons were recovered and produced before it.

Hearing a separate petition for the recovery of missing PTI activist Faizan, Justice Miangul Hassan Aurangzeb hinted at passing an order and remarked that if the government calls the disappearance of Faizan as a case of enforced disappearance, then the court will see who is behind it.

He remarked that the federal government means the prime minister and the federal cabinet, and the responsibility ultimately lies with the chief executive. The counsel said that the missing activist is from the media cell of the PTI.

Addressing the additional attorney general, Justice Aurangzeb took exception to the performance of the federal government’s agencies.

The court observed that the person should be shown arrested and then tried in accordance with the law; otherwise, the government should change the constitution, remove the fundamental rights from it, abolish our jurisdiction and run the country as per its own wishes.

Justice Aurangzeb observed that he does not know what the state will gain from the enforced disappearance. He said the court will not say anything if the missing person is shown arrested, but the country should not be run like this.

The court observed that Ministry of Defence, the Ministry of Interior and the state are all happy about this situation. The bench that was hearing the case earlier had said it was a case of forced disappearance, Justice Aurangzeb said and described the enforced disappearance as a cruel act.

He asked what the constitutional courts should do in this situation. The world is also watching what Pakistani courts are doing in these cases, the IHC observed, wondering how the world will invest in a country where people go missing and the courts are not able to do anything.

The court further observed that the government needs to sit with the kidnappers on the issue. The additional attorney general said that they do not know who the abductors are.

The court said that when one of his fellow judges passed an order in such cases, government propaganda machines started indulging propaganda against him. The court observed that it would pass an order in the case.