Enforced disappearances: PHC seeks army’s report on missing person’s death
Abdul Samad was killed in 2012 while allegedly fleeing from security forces’ custody.
Abdul Samad was killed in 2012 while allegedly fleeing from security forces’ custody. PHOTO: FILE
PESHAWAR:
The Ministry of Defence has been directed to submit an enquiry report of the Pakistan Army to the Peshawar High Court (PHC) regarding the killing of a previously missing person two years ago.
In a slight deviation from the past few hearings of enforced disappearances, a PHC division bench on Tuesday heard 51 petitions separately and ordered the government to file apt replies regarding each of them.
The bench comprising Justice Mazhar Alam Miankhel and Justice Qaiser Rashid Khan told the officials of both provincial and federal governments that if picking up citizens is in the interest of the state the court would support them because that would be fighting anti-state elements, but such actions should be taken within legal limits.
The bench observed that the law allows the army and intelligence agencies to interrogate and hold anyone they deem suspicious but the families of such persons should at least be informed why and where they were being detained.
Murky details
The hearing commenced with advocate Razaullah Khan apprising the bench that Abdul Samad, the son of his client Haji Mir Rehman, was picked up by the security forces two years ago.
“The security forces denied Samad was in their custody, however, on August 12, 2012 he was killed in an encounter while he was allegedly trying to escape. This shows that Samad’s death was an extrajudicial killing,” said Khan.
The court observed that earlier on December 11, 2012, it had ordered the principal staff officer of the army chief to conduct an enquiry and identify the responsible persons. The bench then questioned Deputy Attorney General Manzoor Khalil about what the government’s progress in the matter.
An official of the Judge Advocate General Branch of the Pakistan Armed Forces said the enquiry was conducted under Article 157 of Pakistan Army Act 1952 and the report is available at the General Headquarters.
The official further said the deceased had submitted his written confession in the court of judicial magistrate Zafarullah Mohmand under Section 164 of the Criminal Procedure Code which proves he (Samad) was involved in serious offences.
Following this, the two-member bench directed the relevant officials to present the army’s report to the PHC and also directed the provincial government to produce the report of its own investigation, as was then ordered by the court, in the next hearing scheduled for April 16.
Abdul Samad was killed along with two others in an alleged encounter with the security forces in Cantt, Peshawar in August 2012. According to the FIR, the detainees were being held at a temporary detention centre and were meant to be shifted to a notified interment centre, however, they snatched a rifle from a security guard and began firing.
For the families’ benefit
Furthermore, the court also directed Deputy Home Secretary Usman Zaman to arrange a meeting between Minhajuddin and his family. Minhaj is currently detained at Kohat interment centre and his family was among the 51 petitioners.
As the petitions were heard one by one, it took the bench around four hours to hear arguments from all 51 applicants. It was decided that 15-20 of these cases be heard with limited adjournment period so they are disposed sooner and the families get some reprieve.
Published in The Express Tribune, March 26th, 2014.
The Ministry of Defence has been directed to submit an enquiry report of the Pakistan Army to the Peshawar High Court (PHC) regarding the killing of a previously missing person two years ago.
In a slight deviation from the past few hearings of enforced disappearances, a PHC division bench on Tuesday heard 51 petitions separately and ordered the government to file apt replies regarding each of them.
The bench comprising Justice Mazhar Alam Miankhel and Justice Qaiser Rashid Khan told the officials of both provincial and federal governments that if picking up citizens is in the interest of the state the court would support them because that would be fighting anti-state elements, but such actions should be taken within legal limits.
The bench observed that the law allows the army and intelligence agencies to interrogate and hold anyone they deem suspicious but the families of such persons should at least be informed why and where they were being detained.
Murky details
The hearing commenced with advocate Razaullah Khan apprising the bench that Abdul Samad, the son of his client Haji Mir Rehman, was picked up by the security forces two years ago.
“The security forces denied Samad was in their custody, however, on August 12, 2012 he was killed in an encounter while he was allegedly trying to escape. This shows that Samad’s death was an extrajudicial killing,” said Khan.
The court observed that earlier on December 11, 2012, it had ordered the principal staff officer of the army chief to conduct an enquiry and identify the responsible persons. The bench then questioned Deputy Attorney General Manzoor Khalil about what the government’s progress in the matter.
An official of the Judge Advocate General Branch of the Pakistan Armed Forces said the enquiry was conducted under Article 157 of Pakistan Army Act 1952 and the report is available at the General Headquarters.
The official further said the deceased had submitted his written confession in the court of judicial magistrate Zafarullah Mohmand under Section 164 of the Criminal Procedure Code which proves he (Samad) was involved in serious offences.
Following this, the two-member bench directed the relevant officials to present the army’s report to the PHC and also directed the provincial government to produce the report of its own investigation, as was then ordered by the court, in the next hearing scheduled for April 16.
Abdul Samad was killed along with two others in an alleged encounter with the security forces in Cantt, Peshawar in August 2012. According to the FIR, the detainees were being held at a temporary detention centre and were meant to be shifted to a notified interment centre, however, they snatched a rifle from a security guard and began firing.
For the families’ benefit
Furthermore, the court also directed Deputy Home Secretary Usman Zaman to arrange a meeting between Minhajuddin and his family. Minhaj is currently detained at Kohat interment centre and his family was among the 51 petitioners.
As the petitions were heard one by one, it took the bench around four hours to hear arguments from all 51 applicants. It was decided that 15-20 of these cases be heard with limited adjournment period so they are disposed sooner and the families get some reprieve.
Published in The Express Tribune, March 26th, 2014.