Death in custody?: PHC trashes investigation report on ‘extrajudicial’ killings

Orders fact-finding team to launch a fresh inquiry.

PESHAWAR: The Peshawar High Court (PHC) on Thursday rejected a police report on the recovery of bodies in gunny sacks and directed the investigation team to launch a fresh probe into the alleged custodial killings.

The bench ordered the issue be investigated in accordance with the 17 points raised by the court. While terming the killings to be extrajudicial, the PHC also directed the investigation team to arrest the culprits.

A division bench comprising PHC Chief Justice (CJ) Dost Muhammad Khan and Justice Irshad Qaisar issued the orders while hearing a suo motu notice taken on the recovery of bodies in gunny sacks. Most among the dead were missing persons.

A police investigation team had been tasked to probe the killings. During the last hearing on April 17, the police team deemed the case too sensitive and refused to share information regarding the killings in open court.



On Thursday, the court observed the report filed by the investigation team was inconclusive as it failed to fix responsibility on anyone. The court added some paragraphs suggested those killed had militant links, which clearly proved the killings were custodial.

“All the killings have been carried out in a similar manner,” said CJ Khan. “Militants do not have the courage to kill someone, put the dead body in a sack and dump it near the metropolis.”

The bench observed it was the state’s responsibility to protect the lives and property of its citizens, adding the judiciary would not allow extrajudicial killing. The bench further said all those responsible, regardless of how influential they may be, would be brought before the court. The accused should be dealt in accordance with the law, maintained the bench.



The PHC ordered the investigation team to launch a fresh probe into the issue and submit its findings to the court in a sealed envelope.

The court also ordered police to reinvestigate Qazi Fazal Ahmad’s case, after his dead body was recovered from a far flung area in Mansehra. According to his brother, Ahmad went missing from Akorha Khattak and an FIR was registered on October 8, 2012. His body was later was recovered from Lassa Nawab.

Published in The Express Tribune, May 17^th, 2013.