ISLAMABAD - Expressing his annoyance over the alleged interference of secret agencies in the affairs of other state institutions, Islamabad High Court judge Shaukat Aziz Siddiqui Wednesday urged the army’s top brass to reign in the sleuths indulging in unlawful activities.
Heading a bench hearing the matter of a ‘missing person’, he observed that the secret agencies must operate within their legally permitted domain and stop interfering in the affairs of other institutions like judiciary, executive, media and other departments.
Justice Shaukat also reprimanded the police saying they usually keep mum and do not divulge the truth in cases of missing persons either out of the fear of the secret forces or being in connivance with them. This state of affairs not only is tarnishing the image of the army but is also that of the country, he added.
The judge was commenting on a case involving a man who was allegedly abducted by security officials but he later recanted and denied the incident, apparently out of fear for his life.
He noted in his order: “These are very sorry state of affairs and present a gloomy situation which is a challenge to the state of Pakistan, that the police appeared mum, helpless and not in a position to divulge the truth, obviously due to the might of the secret forces.
“Abduction of ordinary citizens, businessmen, advocates and other persons from different walks of life has become a routine in the ICT but instead of performing its statutory duty local police come up with a stereotype stance that persons might have disappeared at their own and such statements are always made in those cases in which allegations are levelled against the agencies (ISI).
“I am constrained to observe that local police are in a league with the mighty agencies, which have disrupted the civic fibre of the country by establishing state over the state of Pakistan. All the concerned need to respond to this challenge, otherwise such continuous practice may, Allah forbid, further lead Pakistan to crisis and disastrous situation.
“The agencies need to realise that they have to confine themselves within the limits of the organic law i.e. Constitution of the Islamic Republic of Pakistan, the parameters of law of the land and must stop interfering in the affairs of other institutions like judiciary, executive, media and other departments’ affairs of which have nothing to do with the defence/security of Pakistan.
“It is a matter of shame that allegedly person(s) from the ISI are involved in the corrupt practices including providing aid in the commission of offences and receiving their share from crime money.”
The judge added that it is expected from the top echelon of Pakistan Army that by appreciating the delicacy, sensitivity and alarming situation, some remedial steps to stop their agencies from interfering into the affairs of other departments and to refrain from assuming the role not assigned [to them] by law shall be taken, otherwise, these practices shall ruffle the people of Pakistan, which by no stretch of imagination is good for the prestigious institution of the Pakistan army as well as the Islamic Republic of Pakistan.
The judge continued: “I must observe that persons on the helm of affairs of all the institutions need to protect the hard earned independence and take remedial steps to stop the invasion by personnel of particular institution and intelligence agencies.”
Talking about the secret agencies interference in the judiciary, he said, “Everyone knows that how [court] proceedings are manipulated, from where strings [are] pull[ed] and when power [is] wielded and manoeuvre[s made] to achieve the desired results.
“It is matter of great concern that even benches are constituted and cases are marked to different benches on the directions of such elements.”
He added, “It is the time to save the institution of the judiciary from all kind of influences, otherwise we may not be able to answer Allah Almighty about our authorities and responsibilities, which would obviously be a ‘Big Loss’.
“To remain like a silent spectator is against the oath made by every judge, provided by the Constitution and in case of failure, the Pakistani nation and history will not remember the judges with good names.”
Earlier, an allegedly abducted person namely Rabnawaz, son of Kala Khan, was produced before the court and in his statement he said that he was not kidnapped by anyone rather he went to Vehari at his own to visit the land owned by him.
The court disposed of the matter of his disappearance with directions to send the copies of the court order to the Defence and Interior secretaries for it further placement before the Chief of Army Staff and director general of the ISI.
However, the IHC bench noted in the order in this connection that from the mannerism, body language and complexion, Rabnawaz looked under immense fear and lot of pressure, of dire consequence, therefore, he did not look confidence inspiring.
His brother, Iftikhar Ahmed Raja also submitted that his brother was lying. He said Rabnawaz was abducted by the people of secret agencies and was subjected to physical and mental torture. He also said that it was in his knowledge that his brother was harassed and threatened of losing his life if any statement contrary to direction of those who abducted him was made before the court.
The court also directed Islamabad SSP (Operations) to ensure the production of Usman Saleem and his brother Zeeshan Saleem by using all resources as SP (Investigation) Zubair Ahmed Sheikh had miserably failed to discharge his duty and appeared to be under pressure from a particular corner, therefore he had not come up with truth before the court.
“Such police officer does not deserve to be on such high rank(s) and must not be assigned any delicate matter/ investigation,” he added.
Later, the IHC bench deferred hearing till July 20 while directing the SSP (Operations) to appear before the court in person. The court also directed him to ensure registration of criminal cases against those police officials who were involved in or were privy to the commission of offences.
Monitoring Desk adds:
According to BBC, Justice Shaukat, while addressing the police officers present in the court, said that they act like they are subordinate to the officials of secret agencies.
He said that how the police officers could dare speak before the spy agencies’ officials when the latter have the videos wherein the former could be seen throwing away money at the dancers at ‘Mujras’.
Addressing an officer of a secret agency who was present in the court, the head of the bench said he should recognise his limits and must not deem himself the wisest of all. “The graveyards are filled with such persons who thought themselves superior to all in intellect,” he added.
Afp adds
Pakistan has a long history of enforced disappearances, with the security establishment frequently accused of overseeing them to quell criticism from activists and media workers.
In recent years, a growing number of abductions have taken place brazenly in major cities such as Karachi, Lahore and even the capital Islamabad.
They have increasingly targeted activists and journalists critical of the state and the military’s policies.
The military routinely denies being involved.
However major Pakistani media outlets have increasingly complained of censorship, kidnappings and intimidation during the run-up to nationwide polls on July 25.
IHC judge asks COAS to stop sleuths’ unlawful activities