IHC issues written order of May 31 proceedings in missing AJK poet case

ISLAMABAD -The Islamabad High Court has issued a written order in the case involving the recovery of Ahmed Farhad, a poet from Azad Jammu and Kashmir, and his production.

Justice Mohsin Akhtar Kayani issued a written order from the previous hearing.

The order states that, according to the petitioner’s lawyer, Ahmed Farhad has not yet returned home.

“According to the lawyer, Ahmed Farhad is currently on physical remand in a case filed at Muzaffarabad’s Sadar police station. Farhad’s family has met him.

The court states in its order that because Ahmed Farhad was on physical remand until June 2, the petition had become infructuous.

According to the order, the petitioner sought the identification of Ahmed Farhad’s abductors and requested that they be held accountable. “However, according to the law officer, after the recovery of Ahmed Farhad, this petition was no longer relevant.”

However, the order contradicts the law officer’s stance until Ahmed Farhad’s production. “According to the petitioner’s lawyer, a post-arrest application for Farhad’s bail has been filed.”

According to the order, Ahmed Farhad’s lawyer stated that he could be released on bail within a few days. Given these factors, the case’s hearing has been adjourned until June 7, according to the order.

PREVIOUS HEARING.

On May 31, the Islamabad High Court denied the additional attorney general’s request to dismiss the petition seeking the recovery of a poet from Azad Jammu and Kashmir, stating that the case could not be concluded until Ahmed Farhad’s production.

Imaan Mazari and Hadi Ali Chattha represented Farhad’s spouse, Arooj Zainab.

At the start of the proceedings, Additional Attorney General Munawar Iqbal Duggal stated that there were cases registered against Farhad in Azad Kashmir, and he was in physical custody until June 2.

The state lawyer stated that Farhad’s family had met him, so the habeas corpus petition was dismissed.
Petitioner’s lawyer Imaan Mazari advanced her arguments, stating that her client had not only requested the return of her husband, but also sought action against those responsible for his enforced disappearance.

At this point, Justice Kayani stated that the case would only be resolved if Farhad appeared in court.

AAG Duggal argued that Kashmir was a foreign territory with its own constitution and courts, and that Pakistani court judgments were treated the same as foreign court judgments.

The petitioner’s counsel informed the court that Farhad’s family traveled from Islamabad to the Dhirkot police station, but he was not there, and that upon further investigation, it was discovered that he had been relocated to Muzaffarabad due to the inclusion of sections relating to terrorism charges.

Mazari went on to say that when they arrived, a police officer informed them that the FIR was registered at their police station, but Farhad was with the SHO.

She added that they had to travel an extra 14 kilometres to see Farhad, who was in poor health at the time.

When Justice Kayani inquired about Farhad’s whereabouts prior to his arrest on May 29, the Islamabad prosecutor general stated that the court in AJK would handle the matter.

Justice Kayani remarked that everyone should follow the law, to which the prosecutor general responded that he does.

The petitioner’s counsel argued that the court should also consider the misuse of laws and procedures, to which Justice Kayani responded that “we have to determine the misuse of law”.

The court later adjourned the hearing until June 7, rejecting the request to dispose of poet Ahmed Farhad’s petition for recovery.