ISLAMABAD: Caretaker Prime Minister Anwaarul Haq Kakar as well as senior government officials skipped hearings in two important cases related to missing students from Balochistan and audio leaks in the Islamabad High Court (IHC) on Monday.

IHC Justice Mohsin Akhtar Kayani had summoned the caretaker prime minister in the missing students case while Justice Babar Sattar had directed the directors general Federal Investigation Agency (FIA) and Intelligence Bureau (IB) to appear in the audio leaks case filed by a son of former chief justice of Pakistan Saqib Nisar and Imran Khan’s spouse Bushra Bibi.

It was the second time Mr Kakar skipped the hearing of the missing students case. He was previously summoned on Nov 29; however, he went to Kuwait instead.

Justice Kayani had directed him to appear in the court on Feb 19, but when the case was taken up on Monday, Mr Kakar was not present in the courtroom.

Officials inform court that directors general FIA and IB were sick and could not attend hearing in another case

The judge expressed displeasure over his absence and directed him to appear on Feb 28. The judge remarked that appearance before a court was not disrespect with a prime minister.

He also constituted a committee, comprising the directors general Inter-Services Intelligence, Military Intelligence and Intelligence Bureau (IB). He remarked that these agencies were being accused of enforced disappearances, but the court decided to form a committee since unlike governments, officials of these agencies stay on their positions. He said the high-ups of spy agencies were not above the law and being government officials were also answerable.

The judge also warned the inspector general of the capital police, the secretary interior and the incharge of the Counter-Terrorism Department would face a criminal case if a citizen went missing from Islamabad.

Attorney General Mansoor Usman Awan appeared before the court and informed the judge that Mr Kakar was in Karachi and, therefore, could not attend the hearing. He said out of 50 missing students, only eight were yet to be recovered.

Justice Kayani remarked that he had summoned the PM since he was answerable and supposed to protect fundamental rights of the citizens.

He pointed out that those who were in illegal custody were not facing any criminal case and detained for months without any justification.

Mr Awan requested the court to adjourn the hearing, saying the new government was being formed and it would devise a policy about the issue.

However, Advocate Imaan Mazari argued that the change of government would not lessen the miseries of missing persons’ families.

Audio leaks case

Justice Sattar resumed hearing on petitions filed against the initiation of inquiries against Najam Saqib, son of ex-chief justice, and Bushra Bibi on the basis of their leaked audios.

The court had summoned the FIA and IB directors general in this case. However, when the judge inquired about the absence of the officials, he was told that the FIA and IB heads were not feeling well.

A deputy director general IB informed the court that the DG had corona-like symptoms so he couldn’t attend the hearing.

A deputy director of the FIA also stated that the DG was also not well for a couple of days.

Justice Sattar warned that he could issue warrants of these officials. He summoned the directors general of the two organisations to appear in person along with their medical reports on the next date of hearing.

The court also summoned the chairman of Pakistan Electronic Media Regulatory Authority (Pemra) and appointed the Pakistan Bar Council as amicus curiae in the case.

During the course of hearing, Pakistan Telecommunication Authority (PTA)’s counsel Qasim Wadood sought time for submitting a report.

Published in Dawn, February 20th, 2024