ISLAMABAD: The Islamabad High Court (IHC) declared the arrest of poet Ahmed Farhad Ali Shah illegal and said that the kidnapped poet forcibly disappeared and the agencies failed to recover him.
The Islamabad High Court has issued a written decision in Urdu to deal with the case of poet Ahmed Farhad. Justice Mohsin Kayani has issued a 4-page decision.
It was said that the court was informed that Ahmed Farhad was arrested at Deer Kot police station while Farhad Ali Shah was also arrested in the case of Police Station Saddar, Muzaffarabad.
In the decision, it was said that given these circumstances, Ahmad Farhad could not be produced in the court, considering the facts and events, the court concluded that the kidnapper had forcibly disappeared and the institutions failed to recover the kidnapped person.
The court said that the investigating officer who reached Ahmed Farhad's home safely should record his statement before the Lohi Bher Magistrate.
The Islamabad High Court further said that after seeing the facts, the court declared the arrest of Farhad Ali Shah. The protection of rights under the Constitution of Pakistan and Azad Kashmir is the responsibility of the institutions.
According to the written judgment, the court directs the disposal of the petition with the following orders, Farhad Ali Shah is declared an enforced missing person until he returns home safely.
The court said that the investigation officer of Lohi Bher Police Station should record the statement before the Magistrate and the Registrar of Islamabad High Court should consolidate the enforced disappearance cases and submit them to the Chief Justice.
Chief Justice Islamabad High Court using administrative powers to constitute a larger bench, invites institutions to the upcoming meeting of the Registrar Office Criminal Justice Committee.
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In the written judgment, it has been ordered that the Registrar Islamabad High Court should combine the cases of enforced disappearance and submit them to the Chief Justice.
