IHC declares poet Farhad ‘missing person’ until he returns home

Pakistan Jun, 10 2024
IHC declares poet Farhad ‘missing person’ until he returns home
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ISLAMABAD: Islamabad High Court (IHC) has issued written order in case of missing Kashmiri poet Ahmed Farhad Shah, declaring him “Missing person” and directing authorities to ensure his safe return home.

Court observed that, given facts, Shah forcibly disappeared and that state agencies have failed to recover him despite their best efforts. IHC’s Judge Mohsin Akhtar Kiyani issued written order, stating that Ahmed Farhad’s arrest was illegal and that he must be produced before judicial magistrate for statement under Section 164 of Code of Criminal Procedure. Section 164 of CrPC states that magistrate can record any confession or statement made to him, regardless of whether he has jurisdiction in case or not. Consequently, court deemed circumstances of his arrest illegal. Court further directed that investigation should proceed in light of Farhad’s statement. Court’s order called for formation of larger bench to hear all cases of missing persons, with Chief Justice exercising administrative powers to constitute bench.Additionally, court ordered that heads of Military Intelligence, Inter-Services Intelligence and Intelligence Bureau as well as in-charge of Counter-Terrorism Department be summoned to next hearing of criminal justice committee. They are to present their recommendations and reports to committee and national security cases are to be fixed for in-camera hearings.

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