The Federal Constitutional Court has restrained the Islamabad High Court from initiating contempt proceedings against the Secretary of Defence in a missing persons case.
The constitutional court heard an appeal challenging the decision to take action against government officials in the case. The hearing was conducted by a two-member bench headed by Chief Justice Aminuddin Khan.
An interim stay order was also issued regarding proceedings against the Secretary of Interior, the Chief Commissioner, and the SHO of Golra Police Station. The court admitted the appeals filed by the Secretary of Defence and other officials for hearing.
During proceedings, Justice Baqir Najfi questioned the basis on which action had been ordered against the officers, asking whether it had been established that the missing person was in government custody.
Additional Attorney General Munawar Duggal informed the court that there was no material on record confirming such custody. He stated that the family of the missing person had submitted an affidavit claiming government detention, while the concerned officials had filed counter-affidavits denying the allegation.
He further argued that in a habeas corpus matter, the high court could not direct departmental action against officials, and that failure to initiate such action had led to contempt proceedings. He added that the intra-court appeal was dismissed by the high court as not maintainable.
The constitutional court issued notices to all parties and adjourned the hearing for an indefinite period.
Earlier, the Islamabad High Court had ordered the release of citizen Sajid-ur-Rehman from alleged government custody and directed action against the officials concerned.
