After skipping two earlier summons, Caretaker Prime Minister Anwaar-ul-Haq Kakar appeared before the Islamabad High Court (IHC) on Wednesday in connection with missing Baloch students case, reported 24NewsHD TV channel.

The security was tight as heavy continued of police was deployed as the prime minister arrived at the IHC.

PM Kakar had failed to appear before the IHC on February 19 last and before that the court had summoned the premier on Nov 29 but he did not show up at the court.

IHC’s Justice Mohsin Akhtar Kayani was hearing a petition regarding the implementation of the recommendations of the Commission of Inquiry on Enforced Disappearances.

The commission was established in 2011 to trace missing persons and fix responsibility on the individuals or organisations responsible for it.

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During the hearing on Wednesday, IHC judge Justice Mohsin Akhtar Kiani remarked that the state institutions must be extremely careful. “However, due to efforts by these institutions, some of the missing Baloch students have returned to their homes and have been reunited with their families.” the judge said.

Let me make this thing clear, he went on to say, that nobody was above the law. “Nobody, including the prime minister, ministers, secretaries and judges,” he asserted. 

Justice Kiani said there was no doubt that the law should take its course when somebody had done something wrong. “But the situation changes when somebody is whisked away by agencies,” he opined. On this occasion, the caretaker PM Kakar sought permission from the judge to speak.

When the judge allowed him to speak, he said undoubtedly he was answerable for his deeds, and everybody should work within the legal limits. “Since I belong to Balochistan, I have more knowledge about the province than any other person presently sitting here,” he said, adding, “Truth of the matter is that armed resistance is going on in Balochistan. And nobody be it the attorney general of Pakistan or anybody else has an answer to this.”

Non-state actors, the caretaker PM said, were committing human rights violations in the province. “One of the former chief justices of the Balochistan High Court (BHC) was martyred while offering prayers there,” he said, and added, “People are murdered in Balochistan on the basis of their race and ethnicity.”

The caretaker PM informed that so far 90,000 people had lost their lives to incidents of terrorism in the province, but not even a handful of them had been convicted for that.

Justice Kiani, on the occasion, said he had learnt that six to eight suspects were presently in the custody of the Counter-Terrorism Department (CTD). “Why after the passage of so much time, their trial has not been conducted so far,” he said, adding, “Is it not the failure of the state that these people are yet to undergo trial?”

After all, the judge said, there were courts in Balochistan. “But the question is how many people have gone through the trial so far?”

PM Kakar said that in case his son was recruited into the country’s armed forces, would he want the law to stand by his side or on the side of terrorists?  

He was of the view that armed and unarmed citizens could never have equal rights. “In fact, parliament should have done legislation in this regard.”

Justice Kiani said that the court was by no means in a mood to give protection to any non-state actor. “The fact is that courts have also handed down punishments to most dangerous terrorists,” he said, adding, “Admitted that the judicial system is slow to act. But at least it is working.”

He reminded Kakar that one need not go to Balochistan to discuss the subject of enforced disappearances. “Journalists like Matiullah Jan were kidnapped even from here Islamabad,” the judge added.  

Later the court adjourned the case’s hearing.

Reporters: Ehtisham Kiani and Hashir Ahsan