Accountability: PHC summons political agent to explain detainee’s death in custody

Maula Jan’s family was informed of his demise at an internment centre in February.

PESHAWAR:

The Peshawar High Court (PHC) on Wednesday summoned the political agent of Mohmand Agency to appear before the court and explain why he did not conduct an autopsy and order investigation into the death of a man at the internment centre in Ghallanai. A two-member bench comprising Chief Justice Dost Muhammad Khan and Justice Musarrat Hilali issued the orders.

Counsel of the political administration, Jehanzeb Mehsud, said Maula Jan was kept at the internment centre of Mohmand Rifles, but claimed his death occurred naturally. The medical superintendent of Ghallanai Headquarters Hospital also said in his report there were no marks of violence on the body of the deceased.



Khanzada Ajmal Zeb, counsel for Jan’s widow, said Maula Jan was picked up on January 7, 2011. He said they filed a writ petition in the court, after which security forces informed them on November 7, 2012 of the detainee’s whereabouts. He added the body of the deceased was handed over to his family on February 10, 2013 and they were told his death occurred naturally during his detention period.

Zeb maintained there were clear marks of violence on Jan’s body, giving them reason to believe he did not die a natural death.

Justice Khan pointed out an autopsy had not been carried out and, hence, it could not be determined by a simple medical report if the death occurred naturally or not. He said when such a death occurs, it is the law for the magistrate or tehsildar concerned to conduct an autopsy and investigation into the cause of death and draw up a report, which in this case was not done. The chief justice said all internment centres of security forces are run by the political administration, maintaining they are illegal if they are run like this.

After hearing arguments from both sides, the bench ordered the political agent of Mohmand Agency to appear in person at the next hearing on December 8 to explain why he did not investigate the cause of death by conducting an autopsy. The bench added the relevant law was very clearly stated in Section 174, Sub-section 3 of the Criminal Procedure Code, 1898.

Published in The Express Tribune, November 21^st, 2013.