Law Minister Azam Nazeer Tarar, speaking at a press conference in Islamabad, voiced concerns over the judiciary’s actions in the case of missing Kashmiri poet and journalist Ahmed Farhad Shah.
The law minister respectfully reminded the judiciary that summoning senior military officers and government officials to court in this case was not within their mandate.
Justice Mohsin Akhtar Kayani of the Islamabad High Court had earlier delivered strong remarks against the security agencies, criticizing their failure to recover Shah. He warned that he would summon the Prime Minister and his cabinet if the poet were not found.
Tarar emphasized that the court’s role is to deliver justice per the law and the Constitution, not to intervene in administrative matters. He explained that the standard legal procedure involves the government responding seriously to habeas petitions. If unresolved, the matter typically moves to police action and filing an FIR to facilitate the recovery of the missing person.
The Law Minister expressed his discomfort with the court’s remarks, which he found inappropriate and potentially unsettling. He noted that the Defence Ministry had already informed the court that Shah was not in their custody. Tarar criticized the court’s approach, suggesting it could disrupt the harmony between state institutions.
During the court hearing, a Defence Ministry representative confirmed to Justice Kayani that Shah was not held by the Inter-Services Intelligence (ISI), and denied ISI’s involvement in the disappearance. The judge then remarked that the issue had escalated beyond the jurisdiction of ISI and Military Intelligence, indicating their inability to resolve the case.
Justice Kayani ordered the Defence and Interior Secretaries to appear in court and mentioned his intention to summon the Prime Minister and cabinet members to emphasize the seriousness of the matter. He criticized the intelligence agencies for sending mixed messages to Shah’s family, claiming no custody while also engaging in communication.
Furthermore, the judge questioned the sector commander’s authority and influence, reminding everyone of his official limits and asserting that the country could function without undue influence from certain officials.
The court has directed the investigation officer to gather a formal statement from the sector commander and expects it to be presented in court. Justice Kayani also mentioned that he would dismiss the petition if it emerged that Shah was involved in terrorism or any criminal activity.
An additional attorney general informed the court that an FIR had been filed and police investigations were ongoing. Justice Kayani reiterated the police’s fundamental responsibilities, questioning whether filing an FIR should be considered a favour.
