Spy agency DG fails to appear in court

ISLAMABAD: Citing security reason, director general of the Inter Services Intelligence (ISI) did not appear before the Islamabad High Court (IHC) on Wednesday in a missing person case. The IHC, however, disposed of the matter after the spy agency denied the custody of the missing man. Justice Riaz Ahmed Khan of the IHC on March 24 had directed the DG ISI, Lt-Gen Zaheerul Islam, to personally appear before the court in a petition filed by Parveen Bibi, the spouse of Mohammad Arif, who was picked up from December 17, 2013 from Khushab. Before being picked up, Mohammad Arif, a former activist of Jamat-i-Islami (JI), was running a printing press and private schools in Rawalpindi. According to the FIR registered with Mitha Tiwana police of district Khushab, Arif along with General Secretary of Pakistan Railways Mazdoor Union Ishtiaq Ahmed Aasi, Dr Azizul Hassan and Hafiz Abdul Rauf went missing on December 17, 2013. They were returning home after attending the funeral of the father of their friend. Aasi and Dr Hassan returned to their homes within a fortnight while Hafiz Rauf and Arif are still in the custody of their abductors. DG ISI, in an affidavit submitted to the IHC, denied the custody of the missing men. Additional attorney general Tariq Mehmood Khokar, however, informed the court that an application for the recovery of Arif had been filed with the inquiry commission on enforced disappearances. He also submitted an application on behalf of the ISI seeking exemption of the DG from appearance. In the application the spy agency contended: “For operational security and secrecy reasons his (DG ISI) whereabouts are kept classified.” The application also stated that the “DG ISI is not in Islamabad on the date fixed for the hearing of the matter. It further said that the DG of the spy agency was not “the relevant officer in the matter in question”. It however suggested that the relevant officers including ISI officials deputed at Sargodha detachment and sector headquarter Punjab at Lahore might be available to assist the court as and when required. The court had summoned the DG ISI after director (legal) of the defence ministry Group Captain M. Irfan in response to the said petition submitted a four lines reply in which he sought six weeks time to gather information regarding the missing person. During the hearing on Wednesday, Justice Khan expressed annoyance over the lethargy of the spy agency in dealing with the court. He said: “It was not our desire to summon the DG ISI but the conduct of the dealing officials was tantamount to making a mockery of the courts.” “A person files the petition for the recovery of his relative and the dealing official instead of submitting report suggests the court for adjourning the proceedings for 6 weeks” he said. “It was an insult for the judiciary” he added. Colonel Fayyaz, deputy director legal of the ISI, however tendered an apology before the court. He also submitted a sealed envelope titled “PRIVILIGED” before the learned judge and requested for keeping it confidential. The judge read the ‘confidential’ letter and then re-sealed it after putting his signature and returned it to the ISI official. When the judge was dictating the order, Zafarul Hassan Joya, counsel for the petitioner intervened and said that the commission for the recovery of missing person would take years to decide the case of his client. He requested the court for passing directions to the commission for expeditious disposal of the case. Jutice Khan remarked that the commission is being headed by a former judge of the Supreme Court therefore instead of passing directions he can request the commission for early disposal of the matter.