Seeking redress: PHC issues notice to defence ministry

Bench orders jirga members to appear in court in missing persons’ case

PESHAWAR: The Peshawar High Court has issued a notice to the Ministry of Defence and sought a reply on a petition filed by a relative of seven people who were killed during bombardment in Khyber Agency.

The notice was issued by a bench comprising Peshawar High Court Chief Justice Mazhar Alam Khan Miankhel and Justice Daud Khan. The bench was hearing a petition filed by Aziz Khan through his counsel Rahmanullah.

When the hearing commenced, Rahmanullah said his client’s relatives had been killed during Pakistan Air Force bombardment on a militant hideout in Khyber Agency.

“The government subsequently declared them innocent and paid Rs0.3 million each as compensation to their relatives,” he said.

According to Rahmanullah, the amount was nominal. He said they were innocent as per the law and the state was bound to pay Qisas (retribution). After hearing the arguments, the bench issued notice to the Ministry of Defence and ordered it to submit a reply during the next hearing.



Without a trace

The same bench also ordered members of a jirga to appear before the court for handing over a father and his son to the army over their affiliation with militants.

Saba Jan, a petitioner, said her husband Muhammad Khalil and son Nasir were handed over to Major Idrees of Pakistan Army. She said they have been missing ever since.

According to Jan, her son was just 15-years-old when he was handed over to the army.

She added her second son Muhammad Salim was at an internment centre in Fizagat and has been placed in the black category.

The petitioner said her husband and son had no affiliation with militants. She said they had been handed over to the army by influential locals – identified as Malik Subhan, Rahmat Ali and Sultan-e-Rome – who declared them terrorists.

On the occasion, the chief justice said intelligence agencies were unaware about their whereabouts. However, if she wanted she could register an FIR.

The petitioner said she could not afford to shell out for transport fares and urged for relief by the court. The bench, after hearing her argument, summoned members of the jirga to appear before the bench on July 13. The bench also ordered the ministry to file a reply on other petitions in missing persons’ case.

Published in The Express Tribune, June 29^th, 2016.