ISLAMABAD: The Islamabad High Court (IHC) has rejected the Additional Attorney General’s request to dismiss a petition seeking the recovery of Kashmiri poet Ahmad Farhad.
During the hearing, the Additional Attorney General argued that the IHC lacked jurisdiction in Ahmad Farhad’s case, explaining that a judgment or decree issued by a Pakistani court is treated as a foreign judgment or decree, and vice versa.
Earlier on Wednesday, Pakistan’s Attorney General, Mansoor Usman Awan, informed the high court that the poet had been “arrested and is currently in police custody” in AJK. Zainab, the petitioner who filed on May 15, pleaded for her husband’s recovery and urged the court to identify, investigate, and prosecute those accountable for his disappearance.
A report from DhirKot Kashmir police station was also submitted to the court, disclosing that Farhad, renowned for his bold prose, was purportedly abducted from his residence on May 14.
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Order Sheet
In the Islamabad High Court, Writ Petition No. 2451-2025 was brought forth by Mst. Syeda Urooj Zainab against the Federation of Pakistan, represented by the Secretary Ministry of Interior and others.
The order, dated 31.05.2024, highlights the involvement of various legal representatives and officials, including Advocates for the petitioner (Ms. Imaan Zainab Hazir, Mr. Hadi Ali Chatha), Additional Attorney General (Barrister Munawar Iqbal Duggal), Assistant Attorney General (Mr. Usman Rasool Ghumman), Federal Prosecutor General (Mr. Ghulam Sarwar Nehang), SPP (Ms. Saadia Shahzadi), Mr. Hamid Mir, Senior Journalist (as amicus curiae) DSP / SDPO Sihala (Asad Ali Mangi) DSP Legal (Malik Hassan Raza), Law Officer IGP (Tahir Kazim), and S.I / SHO Lohi Bher (Zulfiqar Ali ).
During the proceedings, the petitioner’s counsel conveyed that the detainee, Syed Farhad Ali Shah, had not returned home due to his arrest in another criminal case FIR No.205, dated 13.05.2024, U/S 120-B/147/148/149/186/324/341/353/427/436 /109 APC read with Section 7-ATA, PS Saddar Muzaffarabad and is on physical remand.
On the contrary, the Additional Attorney General argued that the writ petition had become irrelevant as the detainee was in police custody on physical remand until 02.06.2024.
However, the Law officer has been confronted with the prayer clause of this petition concerning clause ‘b’ i.e. Direct the Respondents to identify and investigate those responsible, directly or indirectly, for abducting and illegally detaining the Detenu and to prosecute those responsible for offences made out against them under the laws of Pakistan, whereby Law officer contends that this aspect is no more relevant at this stage as a principal prayer for recovery of detenue has been settled.
However, the court does not concur with the perspective put forth by the Law officer unless the detainee is presented before the court after the completion of procedures in the AJK.
Moreover, the petitioner’s counsel asserts that a bail application for the detainee post-arrest has been submitted to the relevant court, suggesting a probable release on bail within a few days. Hence, considering the above-mentioned circumstances, the case has been adjourned to 07.06.2024.
