Custodial killings: Police refuse to share information in open court

Maintain the matter is too sensitive to be divulged in public.

PESHAWAR:

Deeming the case too sensitive, the police investigation team probing alleged custodial killings of previously ‘missing’ persons refused to share information in open court.

During the hearing on Wednesday, a Peshawar High Court (PHC) division bench headed by Chief Justice Dost Muhammad Khan and Justice Musarrat Hilali was requested for an in-camera briefing. The bench, however, turned down the request and directed the police team to submit the information in a sealed envelope.

The bench was hearing 20 different cases of alleged custodial killings involving ‘missing’ persons who were purportedly picked up by security agencies earlier.

Case 1

Arif Shah went missing from the waiting lounge at Bacha Khan International Airport in April last year. Additional Advocate General (AAG) Naveed Akhtar told the bench Shah had travelled abroad twice in April 2012 and his entry into Pakistan was documented, but the exit record was missing.



Akhtar said Shah was suspected to have been involvemed in terrorist activities and was also wanted by the police. Ten of his relatives were also abducted twice by the Taliban, but later released, said Akhtar, speculating on a connection between the release of Shah’s relatives and his unrecorded visits.

Senior Superintendent Police (investigation wing) Dr Zakir Hussain said the investigation team has uncovered some clues, but objected to sharing it in open court because of the sensitivity of the material. The court ordered him to submit the sealed material to the court’s registrar.

Case 2

Farmanullah was allegedly in illegal custody until recently when his body was found near the motorway in Charsadda district.

Farmanullah’s mother Hamida Bibi had filed a petition alleging her son had been picked up by security agencies. The PHC directed federal and provincial authorities to arrange Rs1 million for Farmanullah’s mother, widow and 16-month-old daughter.

AAG Akhtar informed the bench the statements of Farmanullah’s mother and widow have been recorded, in addition to a shopkeeper who was present at the time Farmanullah was whisked away. The shopkeeper maintained some masked men arrived in a vehicle and took the subject with them.

“Police suspects the abductors could be members of secret agencies and have written a letter to the corps commander’s headquarters,” said Akhtar. Since no response has been received, the police plans on writing a letter to the General Headquarters (GHQ) Rawalpindi, he added.

“Protecting life, property and dignity of citizens is inviolable,” remarked Justice Khan, directing the investigation team to expedite the process.

Case 3

The court also heard a petition filed by Haji Mir Rehman, father of previously missing, Abdul Samad, who went missing on March 3, 2010. Samad was later allegedly killed in retaliation against security forces. An FIR registered at West Cantt police station said Samad, a previously missing person, was killed in reactionary fire after he allegedly got hold of a gun from a security official and opened fire at them.

Judge Advocate General Branch GHQ Brigadier Nobahar sought further time for a more detailed probe. “Unconstitutional decisions create a gap between the armed forces and the nation, and such things need to be curbed,” said Justice Khan in response.

The bench later adjourned the cases till next month.

Published in The Express Tribune, April 18^th, 2013.