*ISLAMABAD: *For the first in Pakistan’s history, a high court haspenalised a retired three-star general and several civilian officials inthe case of a missing person and directed them to pay one-time fine whileordering the state to pay monthly compensation to missing man’s heirs.
In a landmark judgement which sets a new precedent in missing persons’cases, the Islamabad High Court’s (IHC) Justice Athar Minallah on Wednesdayheld that “enforced disappearance is one of the most cruel and inhuman actsand categorised as a crime against humanity.”
The IHC’s milestone judgement came in the case of a missing ITprofessional, Sajid Mehmood, who was abducted from his house in Islamabad’sF-10 Sector in front of his family and neighbours in 2016.
His wife, Mahera Sajid, through her counsel, Umer Gilani, had filed a writof habeas corpus in the IHC and the court had repeatedly directed thepolice and intelligence agencies to produce Mehmood in the court but theperson is still missing.
Beside safe recovery of her husband, Mahera had demanded that thegovernment should be held liable for gross negligence in discharging itsduty to protect the liberty of her husband and be made to pay her and herdaughters a monthly maintenance.
In view of the facts, Justice Minallah imposed cost of Rs100,000 each onMinistry of Defence Secretary Lt General (retd) Zamirul Hassan Shah,Islamabad’s Chief Commissioner Zulfiqar Haider, Inspector General of PoliceKhalid Khan Khattak and District Magistrate Capt (retd) Mushtaq Ahmed.
“A cost of Rs300,000 … is imposed on Mr Qaiser Niaz, Inspector who was theIncharge of Police Station, Shalimar on 14-03-2016,” he added. Theofficials shall pay the costs through crossed cheques drawn in the name ofthe petitioner within ten days from the date of announcement of thejudgement.
Justice Minallah stated that the state and its functionaries have failed insafeguarding the fundamental right of the petitioner guaranteed underArticle 9 of the Constitution.