Missing autopsy report: PHC issues notice to Kohat internment centre in charge

Asks to explain failure to comply with clear court orders.

PESHAWAR:

The Peshawar High Court on Tuesday issued a show-cause notice to the official in charge of the Kohat internment centre for handing over the body of a detainee without conducting an autopsy.

The division bench of Chief Justice Mazhar Alam Miankhel and Justice Waqar Ahmad Seth issued the notice while hearing petitions related to 17 cases of enforced disappearances.

Muhammad Noor, the father of Walayat Shah, informed the court that his son was picked up by unidentified people in 2012 and remained ‘missing’ for some time. Later, the family discovered he was detained at the internment center in Kohat.

Noor said the family had a chance to meet Walayat once, but ultimately received his body without a post-mortem report. The father told the court he does not want to hold anyone responsible for the death of his son, adding that the inmate was in possession of valuable luggage when he was taken into custody. The bench was requested to order the return of the valuables and the car of the deceased.



The PHC then issued a show-cause notice to the in charge of the Kohat internment center, asking him to explain the failure to comply with clear court orders of only handing over the body of an internee once a post-mortem report was compiled.

On October 14, the chief justice said it was unacceptable to hand over the bodies of internees to their families without an autopsy report. Home and Tribal Affairs department Secretary Syed Akhtar Ali Shah and the then FATA Additional Chief Secretary Arbab Arif were present in court when the bench issued these instructions.

Additional Advocate General Waqar Ahmad Khan told the court on October 21 that all district commissioners were directed to submit the oversight board reports of detainees whose cases were pending before the PHC. Also, relevant officials were directed to conduct a post-mortem in case of a custodial death.

In another petition related to missing persons, the court ordered the oversight board of the Lakki Marwat internment centre to submit the reports of two brothers, Qadar Shah and Asghar Shah.

On September 30, the division bench of CJ Miankhel and Justice Malik Manzoor Hussain had ordered the government to produce both detainees in court on October 16, but authorities failed to do so.

According to Nargis Bibi, their mother, both men were picked up by security forces during the military operation in Swat around five years ago. She said the family should at least be informed of the crimes committed, if any, by her sons.

The FATA additional chief secretary was also issued a notice to produce the complete report of Faridullah, who is being held at an internment centre in Kurram Agency. The bench was told the inmate had been placed in the black category.

Published in The Express Tribune, October 29^th, 2014.