ISLAMABAD - The Islamabad High Court (IHC) on Thursday summoned secretaries of interior and finance for not implementing court’s verdict wherein it had directed to pay compensation amount to the family of a missing person Sajid Mahmood.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition of Mahira Sajid the wife of missing information technology expert Sajid Mehmood.
During the hearing, the IHC Chief Justice remarked that it was humiliating when the state expressed its ignorance about the missing persons.
Justice Athar said the state had accepted its failure in this case and accepted it as a case of enforced disappearance. He said now it was responsibility of the state to resolve it.
He directed the authorities to pay the remaining amount of compensation to the wife of missing person within two weeks and present the cheques of payments before the court on the next hearing. The court further directed the secretaries of interior and finance and Chief Commissioner to appear before the court in person if cheques of the said amount were not give to the victim family.
After issuing the aforementioned directions, the bench deferred hearing in this matter till October 19 for further proceedings.
In this matter, the petitioner’s lawyers informed the court that none of its directions had been followed by the authority concerned.
In 2018, the IHC bench had announced its verdict in the case of a missing person IT expert Sajid Mehmood directing the investigators to effectively investigate his alleged enforced disappearance. The bench in its 47-page detailed verdict also directed to pay Rs.117,500 to the victim family every month as compensation amount and termed enforced disappearance was one of the most cruel and inhuman acts and categorized as a crime against humanity.
The IHC bench held that it was duty of the Special Branch, Intelligence Bureau, the Inter Services Intelligence and the Military Intelligence to collect information and promptly report to the concerned functionaries regarding any incident of abduction of a citizen having the characteristics of an ‘enforced disappearance’ and to take effective measures in tracing the whereabouts of the victim. It is noted that these instrumentalities of the State are part of the JIT constituted under the Regulations. In the case of failure in fulfilling this duty the respective Sector Commanders shall expose themselves to being accountable and proceeded against.
It continued that the said monthly payment shall be made to the petitioner till the State through its functionaries has traced the whereabouts or fate of the detenu.
“Keeping in view the facts and circumstances of this case, this Court imposes cost of Rs.100,000/- each on Lt. Gen (Retd) Zamir-ul-Hassan Shah, Secretary Ministry of Defence, Zulfiqar Haider, Chief Commissioner, Islamabad Capital Territory, Khalid Khan Khattak, Inspector General of Police, Islamabad Capital Territory and Capt. (Retd) Mushtaq Ahmed, District Magistrate, Islamabad Capital Territory. A cost of Rs.300,000/- (Rupees three hundred thousand only) is imposed on Qaiser Niaz, Inspector who was the Incharge of Police Station, Shalimar on 14-03-2016,” said the judgment.
It added that the officials named above shall pay the costs through crossed cheques drawn in the name of the petitioner within ten days from the date of announcement of this judgement.