The bench observed that during a hearing on May 16, 2012, officials assured the court that the matter would be resolved. DESIGN: SIDRAH MOIZ KHAN/FILE
While hearing a case on missing persons, the Peshawar High Court declared February 14 as the final deadline for disposing of all cases regarding missing persons, and warned of outlawing the presence of armed forces in tribal areas.
A division bench headed by PHC Chief Justice Dost Muhammad Khan and comprising Justice Irshad Qaiser, was hearing 278 petitions filed by relatives of missing persons alleged to be in the custody of law enforcement agencies.
The bench also summoned all concerned federal and provincial officials to appear before the court on the said date. These officials include federal secretaries of defence and interior; the judge advocate general (JAG) branch of General Headquarters, Rawalpindi; sector commanders of Inter-Services Intelligence; commanding officers of military intelligence; Inspector General of Police and Frontier Corps; and capital city police chief, Peshawar
The bench warned that if concerned officials failed to address the issue of enforced disappearances by the given deadline, it would declare the further stay of armed forces in the federally and provincially administered tribal areas (Fata and Pata) unconstitutional.
The bench observed that during a hearing on May 16, 2012, officials assured the court that the matter would be resolved. However, despite having been warned and summoned, the officials did not appear before the court or provide a list of detained persons.
“The high court will not tolerate it anymore as we don’t have further space and will have to solve the issue at any cost,” remarked Justice Khan.
Additional Advocate General, Naveed Akhtar requested the court to adjourn the case prematurely, but the bench gave him an hour’s deadline to submit a reply. After the requested break, law officers said they had contacted concerned officials who sought more time from the court.
When Akhtar informed the bench that a number of missing persons had reached home as per the court’s directives, Justice Khan shot back saying: “The security agencies have not done us a favour. Those who have been released were kept in illegal custody for two years.”
The provincial chief justice then turned down Akhtar and Deputy Attorney General Muzammil Khan’s request to adjourn the case.
“Give us assurance that every single petition will be disposed off and all those being released will reach home; all those being interned are shifted to internment centres and all those to be tried are produced before the court,” said Justice Khan, giving concerned officials till February 14 to resolve the issue.
The bench later observed that Action in Aid of Civil Power Regulations, a notification issued by the prime minister allowing security forces to enter Fata and Pata, has become a stringent law, depriving citizens of their fundamental rights.
Published in The Express Tribune, January 23rd, 2013.
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