ISLAMABAD: In the case related to the recovery of the missing Baloch students, Caretaker Prime Minister Anwaarul Haq Kakar appeared before the Islamabad High Court (IHC) on Wednesday and stated that blaming the entire state for enforced disappearances was not right.
During the hearing, Justice Mohsin Akhtar Kayani asked the acting premier if he had seen the record of the hearing. “Today is the 26th hearing on the matter,” he said. The premier had previously skipped two hearings of the IHC despite summons.
Furthermore, Justice Kayani stated that “we are only focusing on the case of Baloch students. We have been told that some of the students have become a part of the TTP (Tehreek-e-Taliban Pakistan). According to their [petitioners’] information, some students have returned home, and some are being traced. Some individuals have returned home only because of this case.”
The IHC judge remarked that state institutions were not above the law; Kakar’s presence in court proved that the government is accountable under the law. He emphasised that “enforced disappearances are a different issue, and state institutions know how to run the country, but peoples’ rights should not be violated in the name of running the country.”
Kakar mentioned that the government was working within the framework of the Constitution, acknowledging that he was accountable according to the law. “You summoned us to the court, and we are here,” he said.
The Caretaker PM further stated, “I belong from Balochistan and we are facing an armed insurgency in Balochistan. Violations by non-stake actors are also recorded.” He shared the incident of a former chief justice of Balochistan who was martyred by armed groups during evening prayers. The CJ was leading an inquiry at that time. Moreover, Kakar emphasised that “blaming the entire state for enforced disappearances is not justified.”
PM Kakar stated that “people are killed on the roadside but no one dares to bring up the matter of human rights. People are pulled off buses, and killed if their names turn out to be Chaudhry or Gujjar.”
Furthermore, Kakar stated that terrorism had claimed 90,000 lives in the country.”Non-state actors in Balochistan are after our lives. Somebody asked me how I would go back to Balochistan. People are ethnically profiled in Balochistan and killed. Why does nobody speak out about the people being killed by the non-state actors?” he asked.
The court remarked that “undoubtedly, there is a war, and the military and institutions are fighting, and no court is providing protection to any non-state actors”.
The PM responded that his outgoing cabinet will ask the incoming parliament to fix legal as well as issues related to prosecution. Additionally, Kakar mentioned that the petitioner “advocates against profiling students based on ethnic grounds, there are flaws and deficiencies in the system. Without evidence who should we punish? Allegations are made against paramilitary forces and counter-terrorism agencies.”
The caretaker PM further said, “I am only providing clarification regarding missing persons. When asked about missing persons, the Baloch activists mention five thousand names. This shows that they themselves don’t want to resolve the issue. And because of them, it is not right to consider the whole state as criminal.”
Justice Kayani remarked that the credit for successful actions regarding the recovery of missing persons goes to the government. Pointing toward senior journalist Matiullah Jaan – also forcibly disappeared during the government of Imran Khan -, the judge said he was also picked up in broad daylight. “One doesn’t need to go to Balochistan, we are witnessing a lot in Islamabad.”
Kakar responded by saying, “Whoever took this step there should be an investigation against them.”
The petitioner’s counsel Imaan Mazari informed the court that it was wrong to say that those talking about missing persons were against the state. “We are also part of the same state, and do not support terrorism either,” she said. The lawyer further emphasised that “it is distressful for the families of the missing individuals that the matter is associated with terrorism every time it is brought up.”
Kakar stated that “the right to live is fundamental; being from Balochistan, I have more knowledge of the situation there”, he added.
Responding to Mazari’s comments, the attorney general (AG) told the court that the PM was requested to appear before the court, and he has. “He has addressed the court, and the matter is concluded here. The petitioner’s counsel cannot respond to the premier,” he added.
Justice Kayani clarified that the petitioner was not asking for a response from the PM. “Let’s first hear her stance.” Advocate Imaan Mazari said, “We also do not support acts of extremism. It has been recorded in reports that state institutions are involved in enforced disappearances.”
Kakar argued ” I disagree with Mazari’s arguments. This is not such a simple matter. If tomorrow I join the TTP and get killed, my family will also cry. A decision is made by an individual and its consequences have to be borne by others. It is easy to start blaming the authorities in the name of missing persons’ relatives.”
Justice Kayani stated that the court has formed a committee comprising heads of intelligence agencies on the matter of missing persons. The PM mentioned that the government has challenged this decision in the Supreme Court. “It is the executive’s prerogative, let them handle it,” he said.
Justice Kayani added that as heads of agencies, they have to submit a report, to which Kakar responded, “Alright, we will take action according to the law.” He was then thanked by the IHC judge and permitted to leave.
Furthermore, Justice Kayani remarked that “due to this case, many missing persons were traced. Action has been taken on your request, everyone has done their work and played their role. Cases of those who are in the custody of the Counter Terrorism Department (CTD) will proceed.” he said.
The IHC judge added that giving a judgment in the case was not an issue. the actual point is that the missing people return. “Nobody comes to court after being released. We will always have this complaint that missing persons do not approach the court after they have been recovered. These courts have handed down punishments to major terrorists,” he said.
The CTD was instructed by the court to provide full details to the petitioners regarding the people in their custody. It further directed the petitioner to provide details of cases against individuals handed over to the CTD.
Justice Kayani directed the AG to ensure that the committee formed by the court submits its report. The hearing of the case regarding the recovery of Baloch students was later adjourned, the date for the next hearing will be decided later.
Previously, the IHC formed a committee comprising heads of three top spy agencies of the country on the issue of missing Baloch students.
The committee comprised directors general of the Inter-Services Intelligence (ISI), the Military Intelligence (MI) and the Intelligence Bureau (IB). The court said that regardless of political government, the committee would provide answers regarding the missing persons.
Attorney General Awan informed the court that eight students were still missing. The judge said that the prime minister was called because he was answerable to the court. He added that here nobody was above the law.
The court expressed dismay over the failure in the recovery of all missing individuals even after the lapse of two years. Whether institutions were responsible for their disappearance; or they ran away on their own, or they were kidnapped, in either case it was the failure of the state institutions, he added.
The attorney general requested the court for some time so that the new government could make a policy. The court said that three governments in the past had not been able to do anything to recover the missing Baloch students.
Iman Mazari Advocate said that during the last few months more students were forcibly disappeared, stressing that the change of government would not help. Justice Kayani said that the committee had been formed which would give answers, regardless of which government was in office.
