IHC declines request to dispose of petition for poet Farhad’s recovery

ISLAMABAD – The Islamabad High Court on Friday denied the extra attorney general’s motion to dispose of a petition seeking the recovery of a poet from Azad Jammu and Kashmir, stating that the issue could only be ended if Ahmed Farhad was produced.

The proceedings on the plea submitted by Farhad’s spouse, Arooj Zainab, were presided over by IHC Justice Mohsin Akhtar Kayani.

Imaan Mazari and Hadi Ali Chattha, lawyers, represented the petitioner.

At the start of the proceedings, Additional Attorney General Munawar Iqbal Duggal indicated that there were cases registered against Farhad in Azad Kashmir, and he was in physical custody till June 2.

The state counsel indicated that Farhad’s relatives had met him, so the habeas corpus case was dismissed.

Petitioner’s lawyer Imaan Mazari advanced her claims, stating that her client had not only requested the return of her spouse, but also sought justice against those responsible for his enforced disappearance.

At this point, Justice Kayani stated that the case would only be resolved if Farhad appeared in court.

AAG Duggal argued that Kashmir was a foreign territory with its own constitution and courts, and that Pakistani court verdicts were treated the same as foreign court judgments.

The petitioner’s attorney informed the court that Farhad’s family traveled from Islamabad to the Dhirkot police station, but he was not present, and that upon further investigation, it was discovered that he had been relocated to Muzaffarabad due to the inclusion of provisions relevant to terrorism accusations.

Mazari went on to say that when they arrived, a police officer informed them that the FIR was made at their police station, but Farhad was with the SHO.

She stated that they had to go an extra 14 km to see Farhad, who was in poor health at the time.

Justice Kayani stated that everyone should follow the law, to which the prosecutor general responded that he does.

The petitioner’s counsel contended that the court should also consider the misuse of laws and procedures, to which Justice Kayani responded that “we have to determine the misuse of law”.

The court later extended the case until June 7, denying the plea to dispose of poet Ahmed Farhad’s suit for recovery.