Blood money: Law officers directed to appraise court over Diyat of deceased inmates

Petitioner demands compensation for son who died in custody.

PESHAWAR: The Peshawar High Court (PHC) on Thursday directed law officers representing the Khyber-Pakhtunkhwa (K-P) and federal governments to help it decide the matter of payment of Diyat or compensation to families whose loved ones died in custody at internment centres.

The direction was issued by the division bench of Chief Justice Mazhar Alam Miankhel and Justice Musarrat Hilali while it heard nine petitions related to enforced disappearances. Additional Advocate General Waqar Ahmad Khan and Deputy Attorney General Manzoor Khalil appeared before the bench.



During the course of the hearing, the bench was informed by Javed Iqbal, counsel for petitioner Mohida Bibi, that Bibi’s son Maula Jan was picked up by unidentified people on January 7, 2011.

He told the court the family was later informed that Jan was detained at the internment centre in Ghallanai, Mohmand Agency. The family ultimately received the body on February 10, 2013. The petitioner’s counsel pointed out that since Jan died in government custody, his family should be paid Diyat.

CJ Miankhel questioned why should the families of those who died at internment centres not be paid Diyat. He added the Shariah also stated that such compensatory payments be made.

The court issued a show-cause notice to the in charge of PAITHOM internment centre for not allowing the family of Zakiullah to meet him.

The chief justice said the high court registrar would soon convene a meeting with the Home and Tribal Affairs department secretary, chief secretary, commissioners of all districts and in charges of internment centres to take some important decisions regarding missing persons.

He stated that reports were handed to him indicating that some of the inmates at internment centres were involved in anti-state activities. However, he said the court did not want innocent people to remain in custody for an extended period of time.

The court was informed that an inmate named Mujibur Rehman was currently being held at the PAITHOM internment centre. However, the centre’s in charge said the suspect was not there. The bench consequently ordered that all relevant departments and agencies be consulted to trace the whereabouts of the detainee.



Meanwhile, the PHC was told that teenager Habibur Rehman died during confinement and a certificate showed that he died due to some illness.

Justice Mussarat Hilali inquired what type of illness caused the deaths of inmates. AAG Waqar Ahmad said many people at internment centre die of heart disease. However, the bench was unconvinced and asked how a 15-year suffered from heart trouble.

Finally, the court disposed of a petition where a suspect, Ikramullah, was placed in the black category.

In a hearing earlier this week, it stated that investigations by officials at internment centres concluded that six more previously missing persons maintained close ties with anti-state elements and the inmates were placed in the black category.

Those placed in the black category included Alam Khan, Usman Ali, Afradzar Shah, Zamin Shah, Akbar Shah and Muhammad Bilal. All of them were being held at different internment centres of the province. Two other detainees, Shah Khan and Khan Sahib, were put in the grey category, meaning they were being held on suspicion. All those petitions were disposed of.

Published in The Express Tribune, December 12^th, 2014.