Extrajudicial killings?: Notices issued to officials, ordered to present culprits in court

PHC chief justice says court does not want those who create anarchy to roam scot-free.

PESHAWAR: The Peshawar High Court on Wednesday issued notices to the federal and provincial governments in cases of victims whose bodies are found in gunny bags. It directed the relevant officials to present the culprits in court.

Notices were issued to the secretaries of ministries of defence and interior, judge advocate of general branch, attorney general and advocate general.

A two-member bench of the Peshawar High Court comprising Chief Justice (CJ) Dost Muhammad Khan and Justice Nisar Hussain Khan issued the orders on Wednesday while hearing a case filed by petitioner Kabul Badshah.

Counsel for Badshah, Advocate Zulfiqar Chamkani told the court his client’s relative was picked up by intelligence agencies from Sarband, Peshawar but later his body was found from Khyber Agency in a sack.

“Is it not extra-judicial killing when one man is picked up and later his body is found,” CJ Khan questioned Deputy Attorney General (DAG) Iqbal Mohmand.



The chief justice said the court did not want the law and order in the country to deteriorate nor does it want for those who create anarchy to roam scot-free. He directed the federal government to give financial compensation to families whose relatives were found dead in such a manner.

Justice Khan also remarked the impression should not be made that if bodies are thrown in the tribal areas than the matter is out of the court’s jurisdiction.

The bench also rejected the application of Establishment Division Islamabad for exemption in this case.

The court said the appointment of chief secretary and IGP is done by the Establishment Division, Islamabad after consultation with the provincial government and thus the appearance of their officers in such cases is necessary.

Meanwhile, in a separate case, the bench sought replies from the provincial government and Fata additional chief secretary in 31 cases of habeas corpus petitions in which the people were picked from Khyber-Pakhtunkhwa and the tribal areas.

The bench was informed by petitioner Nasima her husband had been picked up from Budni a month ago, and when the family went to the relevant police station they were told the police had no knowledge about the case.

Other petitioners also claimed their relatives were picked up by various agencies and since then they had not met them.

After hearing the plea of the petitioners, the bench issued notices to the secretaries of ministries of defence, interior, home department and Fata additional chief secretary and directed them to submit their reply by January 14.

Published in The Express Tribune, December 19^th, 2013.