ISLAMABAD - The Islamabad High Court (IHC) Tuesday expressed its annoyance over delay in payment of compensation amount to a family of a missing person Imran Khan whose mother petitioned for safe release of her son, who is a computer engineer and was working in the UAE.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition filed by the mother of the missing person and directed the deputy attorney general (DAG) to ensure the implementation on court’s orders regarding payment of expenses to the victim family.
During the hearing, the DAG placed a letter of Interior Ministry before the IHC bench wherein a direction was issued to Chief Commissioner, ICT, to implement the order of the IHC regarding the payment of compensation as per the affidavit filed by the mother of the missing engineer.
As per the affidavit submitted by the petitioner, the missing engineer was drawing a salary of 3000 UAE Dirhams, equivalent to Rs1lac and 20 thousand, (120,000) at the time of his abduction in 19/5/15. In this regard, the court had already ordered that the monthly payment would be made to the family of the missing engineer till his recovery as it is the duty of state to provide the security and safety to every citizen of Pakistan.
The DAG further assured the court that all efforts are in hand to trace out the missing engineer. However, the petitioner’s counsel Inam ul Rahiem Advocate, refuted the claim of the DAG and placed the production order issued by the Commission of Enforced Disappearances, wherein it was held that on the basis of evidences collected during proceedings, Imran was picked up and taken away by the personnel of secret establishment and held in their illegal detention.
He added that para 2 of the said production Order directed the concerned quarters, to produce Imran before the commission within period of 6 weeks, issued on 10 November 2020. The counsel argued that the order is still intact and it had attained finality as it was never challenged by the Establishment.
Expressed its annoyance, the court asked from the DAG that who is responsible for the disappearance of the victim. The IHC bench said that the state is responsible for the safety and security of the citizens and further ordered that if the court’s orders would not be implemented before the next date of hearing then the court would be constrained to initiate the contempt proceedings against Secretary Interior, Chief Commissioner ICT and other concerned persons.
Later, the court deferred the hearing in this case till August 24 for further proceedings.
In the petition, the petitioner said that her son Imran Khan was picked up from his home situated at Sector G-10 of Islamabad and was taken to some unknown location in a double-cabin vehicle five years back. According to the petition, the family got registered an FIR with the local police after his disappearance. However, the police failed to recover him despite a lapse of five years.
Then, the petitioner took up the matter with the Commission of Inquiry on Enforced Disappearances and during the hearing by the commission it was concluded that the case of Imran fell under enforced disappearances and law enforcement agencies were asked to find his whereabouts.
As per petition, Imran’s disappearance adversely affected the life of his family members. Imran was married and had a six-year-old son.
His wife filed a suit for dissolution of marriage on the basis of khula on the ground of prolonged absence of her husband. The family judge of Islamabad dissolved the marriage and handed over Imran’s son to his mother. The petition said that Imran was an educated professional and there was no case or complaint registered against him in any police station. If there was anything against him then he should have been brought before the court of law.
It said that the arrest was a violation of the constitutional provisions that ensured fundamental rights of citizens.
The petition requested the court that the officials concerned namely secretaries of interior and defense, the directors general of Inter-Services Intelligence, Military Intelligence, Chairman of the Commission of Inquiry on Enforced Disappearances, Commissioner and Inspector General of the Islamabad police might be directed to produce Imran before the court if there was any case registered against him.