ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD.

JUDICIAL DEPARTMENT
W.P. No.794/2022

Imaan Zainab Hazir

Versus
Government of Pakistan, etc.

S. No. of Date of Order with signature of Judge and that of parties or

order/ order/ counsel where necessary.
proceedings Proceedings
13.02.2024. Ms. Imaan Zainab Hazir, Advocate/petitioner.
Barrister Munawar Iqbal Duggal, Additional AG.
Mr. Arshad Kayani, DAG.
Mr. Usman Rasool Ghumman, AAG.
Ms. Saadia Shehzadi, State Counsel.
Khushal Khan, Additional Secretary, M/o Interior.
Dr. G.M. Mahmood, S.O Lit-I, M/o Interior.
Ms. Shahida Perveen Sukhera, Law officer, MoHR.
Abdul Sattar, Director General, MoHR.
Lt. Cdr. Jamshad Gul, Law officer, M/o Defence.
Asim, S.I.

Additional Attorney General, DAG and

AAG have put appearance along with officials of

Ministry of Interior, Ministry of Defence, Ministry

of Human Rights, who have been confronted qua

the compliance of their own undertaking given by

the Attorney General for Pakistan before this court

on the last date of hearing i.e. 10.01.2024, whereby

Attorney General for Pakistan on behalf of Federal

Government has given assurance that no one would

be abducted or forcibly disappeared now onward

and all the missing persons would be recovered by

all means. This aspect has duly been recorded in the

last order as well as in the order dated 03.01.2024,

 W.P. No.794/2022

passed by Supreme Court of Pakistan in C.P

No.1503, 1504 & 1505 of 2022 but despite

undertaking given by the Attorney General for

Pakistan on behalf of Federal Government 12

missing Baloch students have not yet been released,

nor recovered from the illegal captivity, whereby,

the Additional Attorney General requested for

some more time to recover the abductees. In these

peculiar circumstances, when one and half month

time has already been elapsed, it appears that

Federal Government is not interested to uphold the

law, protect fundamental rights of the citizens of

Pakistan in terms of constitutional mandate rather

State departments are continuing with their high

handedness though this Court has passed specific

directions on the last date of hearing in the

following manner:-

As per the undertaking of Attorney General for

Pakistan the matter is adjourned to 13.02.2024
for submission of details of remaining 12
missing Baloch students, therefore, at this stage
this Court will not issue any direction for
submission of affidavit / undertaking from the
head of law enforcement agencies including the
Interior Minister, Defence Minister, Secretary
Defence and Secretary Interior as well as Prime
Minister of Pakistan, however, it is made clear
that in case issue of enforced disappearance is
not resolved by the said authorities all the
officials referred above would be compelled to
 W.P. No.794/2022

submit their undertaking and thereafter, law

shall take its course.

2. In view of above directions, Prime Minister

of Pakistan, Secretary M/o Interior, Secretary M/o

Defence as well as Interior Minister and Defence

Minister have not submitted compliance of order,

such conduct is highly condemnable. In these

peculiar circumstances, this court is left with no

other option but to issue directions to the Prime

Minister of Pakistan, both the Ministers as well as

Secretaries to appear in person and explain their

position as to why action should not be taken

against them as they are sitting at the helm of the

affairs but not able to get the missing Baloch

students released or recovered, such aspect

amounts to misconduct on their part rather they are

accomplices in the crime against the society where

citizens of Pakistan have been deprived from their

right of life and liberty. The State institutions have

no answer to explain their conduct rather there is

complete silence on their part. This Court is clear

that either State institutions would be held

responsible for these abductions, kidnapping and

enforced disappearance, which is a criminal act or

there is complete failure of State functionaries

towards performance of their official duties as they

 W.P. No.794/2022

are not able to recover the alleged missing citizens.

Though this court has confronted the officials

present before the court as well as Law officers that

if the alleged abductees or missing persons are

involved in any criminal case, terrorist activity or

any crime in the territory of Pakistan, they be dealt

in accordance with law; criminal cases be registered

against them and let the matters be decided by the

court of competent jurisdiction in accordance with

law but respondents side is unable to submit any

lawful justification, even they are not able to file the

status of missing persons with reference to their

conduct or subversive activity, if any, in sealed

envelope for the Court eyes only. All these aspects

persuaded this court to summon Prime Minister of

Pakistan, Secretaries and Ministers concerned to

appear in person on the next date of hearing at

10:00 a.m. to explain their position.

3. Adjourned to 19.02.2024.

(MOHSIN AKHTAR KAYANI)

JUDGE
Zahid