Final warning: Last chance for govt, law enforcers to give list of ‘real’ militants

K-P secretary home and tribal affairs summoned on October 30.

PESHAWAR:

The Peshawar High Court (PHC) on Tuesday issued its final warning to the federal and provincial governments, security agencies, police and political administration of Federally Administered Tribal Areas (Fata) to prepare lists separating alleged militants from those against whom no evidence is available (white-category).

The court ordered that a meeting be convened to prepare the list so that alleged militants can be shifted to internment centres and tried for their involvement in anti-state activities, whereas the white-category militants can be released on heavy surety bonds.

A PHC division bench comprising PHC Chief Justice (CJ) Dost Muhammad Khan and Justice Waqar Ahmad Seth issued the warning while hearing different habeas corpus petitions filed by relatives of missing persons, who have accused security agencies and police for keeping their relatives in illegal custody.

Counsels for 12 petitioners informed the bench that their clients have reached home after being released. The bench disposed of 21 of the 27 cases pertaining to enforced disappearance in the tribal areas, while the rest were adjourned.

Iqbal Durrani, representing the political administration of Fata, informed the bench that five persons are being detained in lockups for their involvement in criminal activities. He said the men were booked under Sections 121 and 122 of the Criminal Procedure Code.

When asked, Wing Commander Irfan Ahmad, representing the Federal Ministry of Defence, said the ministry has received complete reply from security agencies in 90% of the missing persons cases, whereas interim reply has been received in the rest. “As soon as we receive complete reply from the military intelligence in most of the cases, we will submit it to the court,” Ahmad said.

CJ Khan expressed concern over the delay in reply from the military intelligence and questioned as to under what law did the agency pick up and detain these people.

“Is there any rule in the Army Act which allows military intelligence to arrest people unless someone is caught red-handed for exchanging secrets with the enemy,” CJ Khan remarked; “There is a limit for everything.”

Case 1

The PHC has summoned Khyber-Pakhtunkhwa secretary home and tribal affairs on October 30 to reply on alleged involvement of the provincial police in different habeas corpus petitions for detaining people despite clear instructions by the chief secretary.

The bench issued these orders when Haji Fazal Khan, petitioner for Faizul Amin, a resident of Telaband who went missing on July 27, 2011, informed the bench that Amin and his nephew Nijar were allegedly picked up from Saddr area by Deputy Superintendent of Police (DSP) Shahnawaz and shifted to an undisclosed location. He said that Nijar was later released but Amin is still missing.

The petitioner said that the two were on their way to collect money from a man named Bashir, who had borrowed cash from Amin and later refused to return it. Amin and his nephew were on their way to collect the money when they were picked up, he told the court.

DSP Shahnawaz, who was present at the court, denied the allegations by terming them baseless.

CJ Khan observed that there is a detention centre at Peshawar Police Line, which he has told Inspector General Police and the Capital City Police Officer to close down. He observed that 60% of the detained people have been handed over to the military, while of the 40% that remain, 15 to 20 persons have been released.

Case 2

The bench adjourned Abid Ghani’s case for October 23 when Station House Officer (SHO) Abidur Rehman denied the allegation against him of taking ransom and illegally detaining people.

Ghani had accused the SHO of picking up his brother Muhammad Shafi, an Afghan national, from Batatal Check post in Sarband area of Peshawar on February 25, 2011. He claimed that the SHO also picked up another man named Zahoor, who was released after his family paid Rs40,000 to the SHO as ransom. He added that Shafi is still missing as his family could not pay the amount.

“If you are releasing people on ransom, this is the worst type of crime,” CJ Khan remarked.

Case 3

The bench asked the counsel for Muhammad Younas, a missing person, to produce a man named Maulana Naseer, after it was informed that Naseer had been picked up with Younas. The court was informed that Naseer returned home after 48 days while Younas is still missing.

According to the petitioner, Younas was on his way to Jamia Darul Uloom Haqqania at Akorha Khattak from his hometown in Batagram on April 27, 2012 when he was allegedly picked up by security agencies and the police.

Published in The Express Tribune, September 26^th, 2012.