Without a trace: Peshawar High Court directs CTD to trace whereabouts of missing person

Issues notices to home secretary, defence ministry to file replies in similar case

PESHAWAR: The Peshawar High Court has directed the counter-terrorism department (CTD) to determine the whereabouts of a person who mysteriously disappeared from Kohat. The bench also directed the family to provide complete phone data to the department.

A two-judge bench, headed by Justice Nisar Hussain, was hearing a writ petition filed by Tikka Khan on Thursday. The petitioner said his son Kaptan Khan went missing from Multan Road, Kohat in 2009.

When the hearing commenced, petitioner’s counsel Amir Yousaf said Kaptan used to run a restaurant and was picked up.

He said the agency found no charges against him and handed Kaptan over to political administration of the district to check if he was involved in any crime.

The counsel added the administration sent Tikka Khan’s son to jail from where he was again picked up. Since then, his whereabouts remain unknown.



Additional Advocate General Mujahid Ali Khan told the court that the provincial government said he was not in its custody.

Justice Hussain remarked that even the defence ministry refused that he was in its custody in its comment filed in the high court a few days ago.

Yousaf said Kaptan was alive as he used to contact his family over the telephone several times.

“Even he phoned his father a month ago,” he said.

After hearing the arguments, the bench directed the family to provide phone data to the CTD and ordered it to locate the missing person.

Seeking replies

The bench, while hearing a case of another missing person, issued notices to home secretary and defence ministry to file replies to a petition filed by Amina Bibi, sister of Haroonur Rashid.

The petitioner said her brother went missing from Kalu Khan, Swabi, who was picked up and detained at an internment centre. However, he has yet to be placed in any category.

The bench issued notices to defence ministry and home ministry to file their comments till next hearing.

The PHC also issued notices to the home ministry and secretary in a petition filed by Zahida Bibi, whose son Masood Shah was detained on charges of attacks on security forces. However, he has yet to be placed in the black category.

The petitioner said her son was detained at an internment centre in Dargai. However, the defence ministry, in its reply, claimed there was no declared internment centre in Dargai. However, it said the ground check to find him was in progress.

The bench, after hearing the arguments, directed the relevant authorities to file their replies within 10 days.

Petitioner’s counsel Bashir Wazir said the petitioner’s husband Daulat Shah and son Shujat Shah were picked by security forces from Kabal, Swat.

He said the security forces accused Daulat Shah and his son of orchestrating attacks on security forces and were kept at an internment centre where her husband died, while her son was placed in the black category.

The bench also sought a reply from home secretary and defence ministry in another petition filed by Obaidullah. The petitioner’s son was picked from Garhi Sikandar Khan from Peshawar on July 25, 2014. The additional advocate general said a list of 123 missing persons has been prepared of which only five were recovered. These include a petitioner’s son Saeedullah.

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