IHC directs to produce Azhar Mashwani’s missing brothers before court

ISLAMABAD   -   The Islamabad High Court (IHC) Friday issued directions to produce social media activist Azhar Mashwani’s missing brothers before the court on the next hearing. A single bench of IHC comprising Justice Miangul Hasan Aurangzeb conducted hearing of the the petition filed by the petitioner, Qazi Habib ur Rehman, who is the father of the detenues namely Professor Mazhar- ul-Hassan and Professor Zahoor-ul-Hassan and sought the issuance of a writ of habeas corpus for the recovery of the detenues.  During the hearing, lawyers including Babar Awan, Shoaib Shaheen, Amna Ali and others representing Azhar Mashwani’s father appeared before the court and informed that Azhar Mashwani’s two professors brothers, Mazharul Hassan and Zahoorul Hassan have been missing since June 6. 

The petition stated that the detenues’ brother, Azhar Mashwani, is a “human rights and social media activist and focal person of founding Chairman of Pakistan Tehreek-e-Insaf Imran Ahmed Khan Niazi”.  It added that the detenues have been missing since 06.06.2024. In the instant petition, it has also been pleaded that armed personnel from the Counter Terrorism Department along with intelligence officers in plain clothes had abducted the detenues from their house in Lahore.   The petitioner had earlier filed writ petition No. 36124/2024 before the Lahore High Court (LHC) seeking the recovery of the detenues. Vide order dated 08.05.2024, the said writ petition was dismissed as withdrawn so as to enable the petitioner to seek his remedy before this Court.  Justice Miangul Hassan mentioned in his written order that one of the detenues Professor Zahoor-ul- Hassan filed writ petition 1605-P/2024 before the Peshawar High Court seeking the removal of his name from the Exit Control List (“ECL”). In the written comments filed on behalf of the Ministry of Interior, it was pleaded inter alia that his name had been placed on the Passport Control List on 27.09.2023 on the basis of the report of a “security agency” and that his name can be removed from the said list on the recommendation of such agency. Particulars of the security agency have not been given in the said written comments. 

He stated, “Be that as it may, the learned Assistant Attorney-General and the learned State counsel, who tendered appearance on Court’s call, are directed to obtain copies of all the documents on the basis of which, the said detenue’s name was placed on the ECL. This would be necessary for determining whether or not the security agency, which hitherto is unknown, is in any way involved in the detenues going missing.” 

“In the instant petition, it has also been pleaded that Azhar Mashwani, who is presently in the United Kingdom, received a call from Whatsapp No.0342-6479909 and the caller asked him to delete tweets regarding the establishment and rigging in the elections,” stated the court’s order.

Assistant Attorney-General and the State counsel submitted that they would make proper and necessary inquiries from the relevant authorities to locate the identity of the caller who made call from the said cell phone number.

Later, the bench issued notice to the respondents with the direction to produce the detenues before this Court on the next date of hearing, which is fixed for August 13.

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