Categorising internment centre detainees: PHC disposes of 9 ‘missing person’ writs

Questions closing LRH’s Asamai Gate on verbal orders

PESHAWAR: A division bench of Peshawar High Court disposed of applications of nine detainees who were previously considered missing after the court was informed about their status and categorisation. The bench on Thursday also sought replies from defence and interior ministries as well as the provincial government.

“A detainee, Ghaniur Rahman, has been placed in the black category, while Yousaf, Khyal Muhammad, Muhammad Karim, Malik Ayaz, Hazratullah, Shaukat Ali and Abdul Haseeb have been put in the grey category,” Additional Advocate General Qaiser Ali Shah told a bench comprising PHC Chief Justice Mazhar Alam Miankhel and Justice Qaiser Rasheed. Shah added one detainee, Wilayat Khan, died during his detention at an internment centre.

Black category internment centre inmates are those considered “proven militants” while grey category inmates are “suspected militants”. After hearing the arguments, the bench disposed of the petitions.

While hearing a writ filed by the father of a missing person, Doran Khan of Mohmand Agency, the bench was informed Doran was a juvenile who surrendered to the Frontier Corps on December 10, 2014. “At that time he was just 15 years old and since then his family has been unaware about his whereabouts,” Shah told the bench. The bench put the inspector general of Frontier Corps on notice and sought a reply from him on the next hearing.

Another petition was heard which was filed by Gul Khoban, father of a missing person identified as Fazal Mabood.  The bench was informed that Mathra police took Mabood for interrogation on December 13, 2015, but since then he has been missing. The bench issued notices to the defence and interior ministries to file replies on the petition.

Closure of LRH gate case

The same bench sought explanation from K-P Advocate General Abdul Latif Yousafzai on a writ filed against the closure of Lady Reading Hospital’s Asamai Gate. The bench ordered the advocate general to explain what the legal status of verbal orders of the health secretary was on the closure.

The petition was filed by chemists, Sarafa Association members and the principal of Forward High School, who would use the gate for various purposes. LRH lawyer Shakeel Ahmad produced the side plan of the hospital on the court’s order.

In an earlier hearing, Ahmad said the gate was closed due to security reasons as a medico legal ward was set up near the gate where prisoners arrested in heinous crimes are treated.

Ahmad argued no one’s fundamental rights have been violated with the closure of the gate . However, Justice Rasheed asked for a written copy of the order, to which Ahmad replied the health secretary got the gate closed verbally.

Ghulam Mohiuddin Malik, lawyer of the petitioners, had argued closing the gate affected shopkeepers and labourers and requested the health secretary’s order be declared null and void.

Published in The Express Tribune, January 15^th, 2016.