IHC declines request to dispose of petition for poet Farhad's recovery
Pakistan
Judge Kayani says case can only be concluded upon Ahmed Farhad’s production
ISLAMABAD (Dunya News) – The Islamabad High Court on Friday rejected the request of the additional attorney general to dispose of a petition seeking the recovery of a poet from Azad Jammu and Kashmir, remarking that the case could only be concluded upon Ahmed Farhad’s production.
IHC’s Justice Mohsin Akhtar Kayani presided over the proceedings on the plea filed by Arooj Zainab, Farhad's spouse.
Lawyers Imaan Mazari and Hadi Ali Chattha represented the petitioner.
At the outset of the proceedings, Additional Attorney General Munawar Iqbal Duggal stated that there were cases registered against Farhad in Azad Kashmir, and he was on physical remand until June 2.
The state lawyer stated that Farhad's family had met him, so the habeas corpus petition be disposed of.
Advancing her arguments, petitioner’s lawyer Imaan Mazari said her client had not only asked for the return of her husband, but also sought action against those responsible for his enforced disappearance.
At this, Justice Kayani remarked that the instant case would culminate only on appearance of Farhad in court.
In argument, AAG Duggal stated that Kashmir was a foreign territory with its own constitution and courts, where judgements of Pakistani courts were treated similarly to judgments of foreign courts.
The counsel for the petitioner informed the court that from Islamabad, Farhad’s family went to the Dhirkot police station, but he was not there, adding that upon inquiry, it was informed that he had been moved to Muzaffarabad due to the inclusion of sections relating to the charges of terrorism.
Mazari further said that when they reached there, a policeman told them that the FIR registered was from their police station, but Farhad was with the SHO (station house officer).
She added that they had to go extra 14 kilometres away to see Farhad, who was not in good condition, when they saw him.
When Justice Kayani inquired about Farhad's whereabouts before his arrest on May 29, the Islamabad prosecutor general stated that the court in AJK would address it.
Justice Kayani remarked that everyone should work within the law, to which the prosecutor general maintained that he works within the law.
The petitioner’s counsel argued that the court should also look at the misuse of laws and procedures, to which Justice Kayani said "we have to determine the misuse of law".
Later, the court adjourned the hearing until June 7, rejecting the request to dispose of the petition for the recovery of poet Ahmed Farhad.
