Missing persons: Court summons top K-P, Fata honchos

Asks judge advocate-general to clarify if military courts can try civilians.

PESHAWAR:

The Peshawar High Court bench hearing petitions on enforced disappearances seems to have shifted focus from security agencies to police.

In Tuesday’s hearing, the court summoned senior police officials in person and directed them to submit written explanations as to why the police had failed to perform its constitutional obligation of protecting life and liberty of the people. They have also been asked to address allegations of concealing facts from the court.

The court is hearing habeas corpus petitions that accuse security personnel of illegal detention of missing persons.

In a petition filed against Gulbahar police assistant superintendent by a person named Musafir, the court was informed that the area that the person allegedly went missing from did not fall under the jurisdiction of Gulbahar police. The police, however, denied that they had picked up the person.

In response, PHC Chief Justice Dost Muhammad Khan said that relatives of missing persons have filed numerous petitions, all against illegal activities by security agencies. “This court is left with no option other than to issue notices to [officials] to appear before the court in person and file a written reply as to why they have failed to perform their constitutional obligation of protecting life and liberty of the people and why local police is concealing facts due to fear of spy agencies.”

Summons were issued to the Khyber-Pakhtunkhwa police chief, Peshawar police chief, provincial chief secretary, home and tribal affairs secretary and Fata additional chief secretary.

The chief justice also ordered that the officials can either produce the missing persons or be responsible for the miseries of their heirs and answer to the court.

Published in The Express Tribune, April 18^th, 2012.