ISLAMABAD: The Islamabad High Court (IHC) summoned the secretaries of defense and interior on Monday after the government failed to implement a court verdict regarding a missing person. Justice Mohsin Akhtar Kayani presided over the petition of Zainab Zaeem, who seeks the recovery of her husband and the enforcement of the court’s prior decision.
During the hearing, Justice Kayani warned that he would issue show-cause notices to both secretaries if they ignored the court’s orders at the next hearing. The judge noted that the state has provided no explanation regarding disciplinary actions against the relevant officials involved.
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The Debate over In-Camera Briefing
Justice Kayani asked Additional Attorney General (AAG) Rashid Hafeez whether the state would provide an in-camera briefing. The judge specified that a field officer from Military Intelligence (MI) or the Inter-Services Intelligence (ISI) must deliver this briefing.
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The AAG stated that a representative could brief the court, but he admitted that field officers do not typically appear and the government does not know who they are. Justice Kayani countered, “I want to understand the in-camera briefing of one man.” He emphasized that the court intends to function strictly according to the law.
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Justice Kayani observed that the victim first went missing in 2013 and remains missing in 2026. “The state is not ready to tell us about a disabled person,” the judge remarked. He maintained that if the person is a terrorist, the state should initiate a formal trial under the law rather than keeping him disappeared.
A representative from the Ministry of Defense denied that any agency holds the individual in custody. He clarified that the Rs5 million provided to the family constitutes “assistance” approved by the Prime Minister for those missing for over five years, rather than “compensation.” He further argued that an in-camera briefing falls outside the scope of this case.
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Judicial Warning to the Executive
Justice Kayani expressed frustration over the lack of accountability, noting that the larger bench for missing persons cases never reconstituted after its dissolution. “I may summon the Prime Minister to explain why he hasn’t taken action against these field officers,” he stated.
The judge remarked that the state should obtain a stay from the Federal Constitutional Court if it intends to challenge the IHC’s findings, adding that the absence of such a stay implies the higher court does not agree with the state’s stance. The court adjourned the hearing until March 26.
