ISLAMABAD
Justice Mohsin Akhtar Kayani of Islamabad High Court (IHC) while wrapping up the petition regarding recovery of poet Ahmad Farhad has remarked “ give respect to law and no one including judges is above law.
He remarked “ if you feel necessity then you can resort to court again. I know how to get implement my orders.
He further observed “ I am writing a letter to Chief Justice (CJ) for constitution of larger bench in connection with cases of all missing persons. DG ISI and others should appear in Criminal Administration Committee. How the writ of law has to be enforced in Islamabad, I am sending the matter to committee for this decision. Give respect to law. No one including judges is above law. Institutions should work within their limits.
He observed one man went into two cases due to ego issue. His family is becoming affected. This is a serial of tyranny and is daily routine thing. The courts will see Islamabad jurisdiction. The court will impose ban on in-camera proceedings and its reporting in respect of the matters of national security.
I am sending the matter to larger bench only for this reason the others judges should too see it if stance of one judge is different. May be the other judges don’t agree to it that the heads of intelligence agencies have to be summoned.
He gave these remarks during the hearing of petition filed by Urooj Zainab wife of poet Ahmad Farhad Friday.
Imaan Mazari advocate appeared on behalf of the petitioner while senior journalist Hamid Mir appeared as amicus curiae .
Additional Attorney General (AAG) Munawar iqbal Dogal and Assistant Attorney General Barrister Usman Ghumman too are in the court.
Counsel Imaan Mazari argued that Anti Terrorism Court (ATC) has rejected bail plea. We are challenging bail plea at higher forum too.
Justice Mohsin Akhtar Kayani remarked is there any other case against him.
Counsel Imaan Mazari told the court first we were told about one case and later we were told about registration of another case.
The judge remarked it seems to me that his difficulties are increasing. Now we are sure that he is in judicial custody. If police arrest some one in trial and it does not present within two days then trial is ended. Ahamd Farhad was where before his arrest. The question is of enforced disappearance.
Additional Attorney General told if the abducted person is recovered then habeas corpus petition stands dismissed. They say that directives be issued to determine abductors. This thing will come to fore during the investigation. The abducted is in judicial custody. The statement of Ahmad Farhad under 161 has been recorded.
Justice Mohsin Akhtar Kayani inquired has investigating officer recorded statement of Ahmad Farhad in Kashmir. Show me that. It is written I am not able to give statement physically and mentally. It is also written he himself will record his statement by appearing in the court or will record his statement through counsel.
On return of Ahmad Farhad, investigating officer of Lohi Bher police station should get record statement before judicial magistrate under 164.
Justice Mohsin Akhtar Kayani remarked we have to sit some where and have to settle which is the line we have not to cross.
Additional Attorney General (AAG) argued that “ I have submitted application to file additional documents.
