FCC halts IHC contempt action against defence secretary in missing persons case

The Federal Constitutional Court (FCC) on Thursday restrained the Islamabad High Court (IHC) from proceeding with contempt of court action against the defence secretary in a missing persons case, admitting appeals filed by senior officials for a regular hearing.

According to the 24NewsHD TV channel, a two-member bench headed by Chief Justice Ameenuddin Khan took up the appeals of the defence secretary and other officials challenging the high court’s orders.

The division bench of the constitutional court not only accepted the appeals for hearing but also issued a stay order on further proceedings against the defence secretary.

During the hearing, the bench extended its interim relief to other officials as well, suspending action against the interior secretary, the chief commissioner and the SHO of Golra police station.

The court’s order effectively freezes departmental and contempt proceedings initiated by the Islamabad High Court until further adjudication.

Justice Baqar Najafi questioned the legal basis on which the high court had ordered action against the officers. He asked whether it had been conclusively determined that the missing individual was in state custody and on what material the directives had been issued.

Responding to the bench’s queries, the Additional Attorney General (AAD) submitted that there was no material before the high court conclusively establishing that the missing person was in government custody.

However, the AAD noted that the family of the missing person had filed an affidavit claiming that he was being held by state authorities, while the concerned officials had submitted counter-affidavits denying any such custody.

The Additional Attorney General further informed the court that in the habeas corpus proceedings, the high court had directed departmental action against the officers. When departmental proceedings were not initiated, contempt of court proceedings were also set in motion.

The AAD argued that in a habeas corpus matter, the high court could not have issued such directions in the manner it did.

He added that the intra-court appeal filed by the officials before the Islamabad High Court had been dismissed as not maintainable, prompting them to approach the constitutional court for relief.

The Islamabad High Court had earlier ordered the release of citizen Sajid Rehman and directed action against the officials concerned in connection with his alleged unlawful detention.

After initial arguments, the constitutional court issued notices to the parties and adjourned the hearing for an indefinite period.

Reporter: Amanat Gishkori