Enforced disappearances: Keep militants on a tight leash, says court

Strict surveillance in case of release, and encourages army to craft release strategy.

PESHAWAR:

In an effort to bring some closure to the issue of enforced disappearances, the Peshawar High Court (PHC) on Thursday proposed a set of measures, including strict surveillance of hardcore militants, if such individuals win bail on a heavy security bond.

During the proceedings of the missing persons’ cases, PHC Chief Justice (CJ) Dost Muhammad Khan – while heading a divisional bench with Justice Waqar Ahmad Seth – encouraged the heads of the armed forces at the local level to formulate a strategy for determining the conditions upon which militants of categories B and C could be released by the high court.

He also demanded the implementation of strict measures to ensure that militants do not indulge or become party to militant groups in the future.

The high court recommended keeping a tight leash on the movement of militants of categories B and C to ensure that they do not re-indulge in activities which led to their detention in the first place.

The CJ said that missing persons should remain in close contact with the SHO of the concerned police station and meet their respective authorities on a daily basis.

In another case, the CJ – while hearing a writ petition submitted on behalf of Syed Nazim, a student who went missing along with another student Ejaz from the Khyber Agency – issued notices to the officials of the Khyber Agency and Fata secretariat for failing to provide security to the tribesmen.

Deputy Attorney General Iqbal Mohmand informed the court that both the defence and interior ministries denied having picked up the boys. This is in contrast with what the agency’s executive district officer and a school principal said in their earlier replies, as they had claimed that both the detainees were picked up by security agencies.

“Security agencies have undoubtedly offered countless sacrifices to safeguard the homeland but we are bound to follow the law,” Justice Khan said. “In the presence of such strong evidence, denial is unbelievable.”

The CJ issued notices to the additional chief Secretary of the home department and  secretary Fata to submit a comprehensive reply in this regard.

Meanwhile, one of the missing persons, Sher Ali – resident of Sangota area in Swat – who was allegedly picked up by security agencies, reached home and appeared before the court. However, his brother, Akhtar Ali, is still missing.

Sher Ali informed the court that he was unaware of who picked him up as he was blindfolded but was released from Pythom, an internment centre in Guli Bagh area of Swat.

Published in The Express Tribune, March 9^th, 2012.