‘Missing’ persons: Federal govt hands list of 10 freed detainees to PHC

Identifies 14 others sent to different internment centres.

PESHAWAR:

The federal government on Thursday submitted a list of 10 released detainees to the Peshawar High Court (PHC) and identified 14 others who have been sent to different internment centres.

The list was presented before a division bench comprising PHC Chief Justice Dost Muhammad Khan and Justice Roohul Amin that heard around 356 habeas corpus petitions filed by relatives of ‘missing’ persons accusing security agencies of keeping their family members in illegal custody.

During the hearing, the bench maintained that since the political and security leadership were not on the same track, lack of coordination between the two is adding to deteriorating law and order.

“We have been telling them (security agencies) to produce those [persons] before the courts against whom evidence is available so that they can be tried, and also set free the innocent ones,” said Justice Khan, adding the issue would escalate if efforts are not made to address the situation promptly.

The bench also ordered the filed petitions be tallied with the list provided by the government inscribed with details regarding freed and detained persons, so that the relevant petitions are disposed of.

The bench reissued notices against the federal defence and interior ministries, security agencies and police department, asking them to submit replies to accusations leveled by relatives of missing persons. They have also been asked to explain why the ‘missing’ persons are allegedly being kept in illegal custody.

The case was later adjourned till May 29. However, soon after the case was adjourned, female relatives of some the missing persons scuffled with a lady police constable following a protest staged by their legal heirs inside the high court premises.

The scuffle went on for more than half-an-hour as female relatives of the allegedly detained persons blocked the high court’s exit and urged others to stop the police from leaving the premises.

“Send him behind bars for 100 years, but at least identify my son,” shouted Sharifa, a 50-year-old resident of Swat whose 23-year-old son has been missing since 2009 and is allegedly under the custody of security agencies for his suspected involvement in anti-state activities.

Case 1

While hearing the petition filed by relatives of Advocate Zain Khan Khalil, the bench was told Maulvi Faqeer – the Tehreek-e-Taliban Pakistan (TTP) Bajaur Agency chief – is suspected to be involved in picking up Khalil.

Khyber Agency Political Agent Mutahir Zeb said since Faqeer is under custody of the Afghan government and the Pakistani government is in talks with Afghan officials, he will be interrogated on Khalil as soon as he is handed over to Pakistan.

Case 2

The court directed concerned officials to probe into the whereabouts of Jahangir, who had been arrested by Sarband police along with a suspected suicide bomber, Bilal, from Bara Road on November 20, 2012. He, however, has never been produced before the court and is now said to be missing.

Though both Bilal, 13, and his alleged facilitator Jahangir, 25, were arrested, only Bilal was produced before an Anti-Terrorism Court (ATC) twice. Jahangir was never brought before the court, which led ATC judge Justice Ibrahim Khan to issue a notice against Capital City Police Officer (CCPO) Imtiaz Altaf on November 23 last year.

Case 3

According to Muraqib Khan, his son Luqman Ali was allegedly picked up by security forces from a local seminary in Shergarh area of Mardan district on May 16, 2009. “He was 25 years old at the time they (security forces) picked him up from inside the mosque during a raid at 4pm about four years ago,” alleged Khan, claiming he hasn’t heard from Ali since. The case was also adjourned till May 29.

Published in The Express Tribune, April 26^th, 2013.