Missing persons: Full bench to hear detention cases if orders are disobeyed
The Peshawar High Court (PHC), hearing a habeas corpus petition filed by relatives of ‘missing persons’, ordered that a full court will be constituted to verify the legality of the military’s presence in the Federally/Provincially Administered Tribal Areas (Fata/Pata) if authorities fail to present a list of detained people within a week.
Additional Advocate General Naveed Akhtar informed the division bench, comprising PHC Chief Justice Dost Muhammad Khan and Justice Waqar Ahmad Seth, that a meeting has been convened on December 14 to prepare the lists. He said that all details will be given to the court on December 18.
The bench observed that there will be no further extension in the given deadline, after which a full bench will determine the legality of detention centres run by intelligence agencies.
“Tell us about the detention centres within Fata and settled areas along with the exact numbers of people (both in custody and released), otherwise this court will be compelled to declare detention centres in violation of the law,” CJ Khan remarked, adding that the apex committee, the highest consultative body of the province, was dominated by the armed forces.
The bench said that illegal detention is a serious offence. The recently introduced Action in Aid of Civil Power Regulations, according to which security forces are tasked to combat militants in tribal areas, does not permit anyone to detain people in illegal confinement.
The bench later ordered Home and Tribal Affairs secretary to appear in person after preparing the list and submit the categorised and duly verified list of the missing persons to the court. It further ordered the police to bring back all detainees handed to the political administrations and try them in courts.
The bench warned that there will be no leniency in handling these cases, even with if the Khyber-Pakhtunkhwa government itself is involved.
Published in The Express Tribune, December 12th, 2012.
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