IHC issues written order of May 31 proceedings in missing AJK poet case
Pakistan
Court order disagrees with law officer's stance that petition had become infructuous
ISLAMABAD (Dunya News) – The Islamabad High Court has issued a written order regarding the case involving the recovery of Ahmed Farhad, a poet from Azad Jammu and Kashmir, and his production.
The written order from the previous hearing was issued by Justice Mohsin Akhtar Kayani.
The order details that as informed by the petitioner's lawyer, Ahmed Farhad has not yet returned home.
“According to the lawyer, Ahmed Farhad is currently on physical remand in a case registered with Muzaffarabad’s Sadar police station. Farhad's family has met him.”
The court notes in the order that since Ahmed Farhad was on physical remand until June 2, the petition had become infructuous.
The order states that the petitioner had sought identification of Ahmed Farhad's abductors and requested action against them. “However, according to the law officer, after the recovery of Ahmed Farhad, this petition was no longer relevant.”
But the order disagrees with the stance taken by the law officer until Ahmed Farhad's production. “According to the petitioner's lawyer, a post-arrest application for Farhad's bail has been filed.”
The order mentioned that the lawyer stated there are chances of Ahmed Farhad being released on bail in a few days. Considering these factors, the hearing of the case is adjourned until June 7, the order concluded.
PREVIOUS HEARING
On May 31, the Islamabad High Court rejected the request by the additional attorney general to dispose of the 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.
Lawyers Imaan Mazari and Hadi Ali Chattha represented the petitioner, Arooj Zainab, Farhad's spouse.
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.
