ISLAMABAD: Months after issuing the warning that caretaker prime minister Anwarul Haq Kakar can be booked over the government’s failure to reunite the missing Baloch students with their families, the Islamabad High Court (IHC) on Tuesday summoned him with the directive to explain as to why a case should not be registered against him.

IHC Justice Mohsin Akhtar Kayani made these remarks while hearing the case related to the missing Baloch students. He asked the PM to explain the government’s failure to reunite the missing persons with their families and as to why a case should not be registered against him.

The counsel for the petitioners, Imaan Mazari, informed the high court that 12 Baloch students were still missing. However, Assistant Attorney General Usman Ghumman told the court that one of them has returned home.

While noting that the premier is responsible to ensure the fundamental right of citizens, Justice Kayani summoned the caretaker PM on Feb 19 at 10am.

Justice Kayani remarked that he has already shown leniency and did not summon the Directors General of relevant entities. He also remarked that those behind the enforced disappearances should be sentenced to death.

Earlier Mr Ghumman requested the court to adjourn the proceeding since Attorney General was not available to argue the case.

On Nov 29, Justice Kayani hearing this case warned that a case could be registered against the caretaker prime minister and others if they fail to reunite the missing Baloch students with their families. He then remarked that the “state is responsible” for compensating the aggrieved families; however, this amount should be charged from public functionaries when it is established that the case was of enforced disappearance.

The judge observed that enforced disappearance remained a lifelong trauma for the aggrieved family, as the heirs could overcome the grief of a death, but they continue to wait for the missing one for the rest of their lives. He warned that the court could order the registration of a case against the authorities, including the prime minister, if they failed to address the issue.

Justice Kayani emphasised that anyone involved in insurgency against armed forces should be dealt with in accordance with the law.

Published in Dawn, February 14th, 2024