Pakistan's top court halts IHC contempt proceedings in enforced disappearance case
Judges question basis of action; ask whether it had been determined that the missing person was in state custody
Aamir Abbasi
Editor, Islamabad
Aamir; a journalist with 15 years of experience, working in Newspaper, TV and Digital Media. Worked in Field, covered Big Legal Constitutional and Political Events in Pakistan since 2009 with Pakistan’s Top Media Organizations. Graduate of Quaid I Azam University Islamabad.
Justice Amin-ud-Din Khan (L) and Justice Baqar Najfi (L).
Pakistan's Federal Constitutional Court restrained the Islamabad High Court (IHC) on Thursday from initiating contempt of court proceedings against the Secretary Defence in an alleged enforced disappearance case.
A two-member bench headed by Chief Justice Amin-ud-Din Khan heard appeals filed by the secretary and other officials against the high court’s earlier orders. The bench issued notices to the parties and adjourned the hearing for an indefinite period.
The constitutional court also issued a stay order against proceedings directed by the IHC against the Secretary Interior, the Chief Commissioner of Islamabad, and the SHO of Golra Police Station. It formally admitted the appeals filed by the Secretary Defence and other officers for regular hearing.
During the proceedings, Justice Baqar Najfi questioned the basis on which the action had been ordered against the officers. He asked whether it had been determined that the missing person was in state custody.
The Additional Attorney General Munawar Duggal informed the court that there was no material available before the high court to conclusively establish that the missing individual was in government custody. He stated that while the family of the missing person had submitted an affidavit claiming that he was in official custody, the concerned officers had also filed counter-affidavits denying the allegation.
He further argued that the high court had ordered departmental proceedings against the officials in a habeas corpus petition and had also initiated contempt proceedings due to non-compliance. According to the law officer, a high court cannot issue such directions in a habeas corpus matter.
Counsel Duggal told the bench that the officials’ intra-court appeals had earlier been dismissed by the IHC as non-maintainable.
The case pertains to a previous order of the Islamabad High Court directing the release of citizen Sajid Rehman from alleged government custody and ordering action against the concerned officials.
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