FCC stays IHC contempt proceedings against defence secretary in missing persons case

ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday restrained the Islamabad High Court (IHC) from proceeding with contempt of court proceedings against the secretaries of the Ministries of Interior and Defence over the alleged failure to recover missing persons.

The constitutional bench, headed by Chief Justice Aminuddin Khan, comprising Justice Baqar Najafi, also issued an injunction on IHC  proceedings against the Interior Secretary, the Chief Commissioner, and the SHO of Golra police station.

Appeals filed by the Defence Secretary and other officials have been admitted for hearing.

During the hearing, the court raised questions about the basis on which the IHC issued orders against the officers.

Justice Baqar Najafi inquired whether there was evidence confirming that the missing person was in government custody.

The Additional Attorney General (AAG) stated that the court did not have any material to make such a determination. He noted that while the family of the missing person had submitted an affidavit claiming the person was in government custody, the concerned officials submitted counter-affidavits denying this.

The AAG added that in an arbitrary detention case, the IHC had ordered departmental proceedings against officials, and contempt actions were initiated following the non-compliance of its orders.

He emphasised that the High Court could not issue such an order in a habeas corpus case.

The FCC has now issued notices to all parties and adjourned the hearing indefinitely.

Notably, the Islamabad High Court had earlier ordered the release of citizen Sajidur Rehman and directed action against the officials.

Earlier, on Monday, the Islamabad High Court had warned that it would initiate contempt proceedings against the Interior and Defence secretaries in an enforced disappearance case due to non-compliance with its verdict and lack of action against the officials concerned.

Justice Mohsin Akhtar Kayani, hearing a petition filed by Zainab Zaeem regarding her missing husband, had warned that if the court’s earlier order were not implemented, it would issue show-cause notices to the federal secretaries.