Internment centres: Imprisoned militants allowed visitation rights

PESHAWAR:

In light of a new policy of the provincial government, family members would be allowed to meet militants at internment centres once every two months, the Peshawar High Court was informed on Tuesday.

Additional Advocate General Umer Farooq Adam, who was representing the provincial government, said visiting members must provide a certificate of clearance from the superintendent police in their district. “This will ensure they are not involved in any criminal activity and clear them for security purposes,” he said.

Adam was speaking on two petitions, filed by Nabila and Bacha Gul. He told the division bench, headed by PHC Chief Justice Mazhar Alam Khan Miankhel, most militants have established links with terrorists from within internment centres. “That is why extreme care is being taken when allowing family members to meet militants imprisoned there,” he argued.

The chief justice observed getting a certificate from the SP seemed unfair. “How can a common citizen establish contact with the SP and how would it be possible for the SP to issue a certificate to a person and prove he or she was or wasn’t involved in any criminal activity?” Miankhel asked.

Justice Qaiser Rasheed remarked a mother did not need any certificate to meet her son since it was her legal right.

Petitioner Nabila’s lawyer Muhammad Altaf argued her son Ijaz was arrested in a murder case in 2012. Altaf argued, the petitioner has not been allowed to meet him for the past one year – a direct violation of her visitation rights.

Adam replied Ijaz had contacted a militant network and there was a law-enforcement agency’s report available to establish the fact.



“However, Nabila can now meet him within two months since amendments have been made in visitation rules,” he said. A certificate from the SP was a must for the family member, added Adam.

The bench directed the provincial government to implement the policy which will allow the petitioner to meet her son once every two months.

Similarly, the bench directed the authorities to implement visitation rules for Gul as well and allow him to meet his son Mazharul Haq. Haq, a resident of Warsak Road, was sentenced to 14 years in prison for preparing explosives.

Tender notices sustained

The same bench also dismissed petitions that challenged awarding of tenders for the purchase of dumpers and mini-loaders to three companies by Water and Sanitation Services Peshawar (WSSP).

When the hearing commenced, the bench was apprised that WSSP advertised tenders for the purchase of mini-loaders and dumpers to dispose of waste, for which the petitioner Alhaj Faw Motors had also applied.

However, despite meeting all requirements and being the lowest bidder, the petitioner was not included in the bidding process. The tenders were awarded to Suzuki Pak.

Amir Javed, arguing on behalf of Alhaj Faw Motors, said the company met the criteria mentioned in the tenders, and requested the court to declare the result of tenders void.

However, WSSP lawyers Muhammad Atif and Syed Arshad Ali argued the petitioner failed to provide relevant documents mentioned in the tender. They argued the petitioner was given several chances.

Initially, seven companies were in the race, of which three companies were awarded the contract, they argued. The WSSP lawyers said a fair review was done before declaring the result of the tender notices.

The bench after hearing the arguments dismissed the petition.

Published in The Express Tribune, February 10^th,  2016.