IHC’s Justice Kayani says agencies can only ‘assist’ govt probes, seeks clarity on ‘operational methods’

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Islamabad High Court (IHC) senior puisne judge Justice Mohsin Akhtar Kayani observed that intelligence agencies can only “assist” police and the Federal Investigation Agency with their investigations, as he sought clarity on the former’s “operational methods”.

Justice Kayani made the remarks while hearing a petition regarding the implementation of the recommendations of the Commission of Inquiry on Enforced Disappearances.Attorney General of Pakistan (AGP) Mansoor Awan appeared before the court and submitted a report compiled by the commission on a court order issued in January.

Justice Kayani inquired how many people have been arrested, disappeared or harassed over the past 10 years.“Intelligence agencies cannot harass anyone,” the AGP said.To this, Justice Kayani replied saying: “It would be good if the working procedures of intelligence agencies was clarified.”

He noted that according to the law, the police and FIA can conduct investigations, while intelligence agencies can assist with the investigation. “We have to work within the jurisdiction of the law,” he said.“No Pakistani, be it journalists or parliamentarians, is supporting terrorists,” Justice Kayani said. “No one prevents institutions from working according to the law.”

The AGP stated that until the issue is resolved politically, the matter will not be settled.“So it is acknowledged then that this is a political issue. We don’t want to invite anyone from outside to solve the issue,” Justice Kayani remarked. “Mistakes happen, but one must learn from mistakes and move forward.”

The judge meted out praise for AGP Awan, noting that this was the twenty first hearing of the case and several missing students had been recovered thanks to the attorney general’s “hard work”.“Due to his efforts, several missing persons have now reached home,” Justice Kayani noted.

Justice Kayani lightheartedly asked AGP Awan where to find people like him who find solutions to problems, to which the attorney general replied by saying that was a difficult question to answer.

Meanwhile, lawyer Imaan Zainab Mazari — who appeared as counsel for the missing Baloch students alongside Hadi Ali Chattha — said that relatives of the missing students were being threatened.

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