PHC summons K-P CM Gandapur in missing persons case

The court questioned rearrest of detainee after bail; cited CCTV footage, concerns over law enforcement actions in K-P

The Peshawar High Court (PHC) has summoned Chief Minister Khyber Pakhtunkhwa (K-P), Ali Amin Gandapur, in the missing persons case.

During a missing persons case hearing on Monday, the petitioner claimed that the police took his son, and despite being granted bail by the court, the Counter-Terrorism Department (CTD) arrested him again right after he was released from Peshawar Jail.

Chief justice of the PHC, Ishtiaq Ibrahim, questioned how someone could be arrested outside the jail after being granted bail in one case.

He stated that this was a violation of the court's decision.

PHC Chief Justice Ishtiaq Ibrahim, presiding over the case, stated that the chief minister could appear anytime before 5:00 PM, adding, "I am here in the court."

The KP advocate general informed the court that the provincial government was investigating the matter and that the CM was currently chairing a law and order meeting.

The chief justice responded, "Call him. If he cannot appear today, tell him to be in court on Friday."

The petitioner's counsel claimed that his client had been picked up outside the jail despite being granted bail, stating, "You can see it in the CCTV footage."

Expressing frustration, the CJ remarked, "No one can be arrested in front of the jail. How can someone be taken into custody after being granted bail?" He further emphasized that there would be no compromise on the enforcement of the law.

A report by the Commission of Inquiry on Enforced Disappearances, revealed that K-P accounted for the majority of missing persons in the country, with 3,485 individuals.

The chief justice further remarked that, in a previous ruling in Asad Qaiser’s case, the court had already declared that a person cannot be arrested in another case after being granted bail in one.

He noted that there are several similar cases where individuals are rearrested after securing bail. The court has summoned the Chief Minister and adjourned the hearing for a break.

Earlier on July 12, the PHC expressed concern over the increasing cases of enforced disappearances in the province, particularly involving the police and counter-terrorism department and therefore, the court had summoned CM Ali Amin Gandapur to appear on July 22 to provide an update on the steps his government has taken to address the issue.

The order came from CJ Ishtiaq Ibrahim during the hearing into a habeas corpus petition by resident Hazrat Nabi against the “illegal detention” of his brother, Abdul Said.

The petitioner also accused the police of demanding a ransom of Rs7 million for the release of the detainee.