Missing persons’ case: K-P administration closed investigation on army’s request

Case of removal of 35 inmates of Malakand internment centre transferred to army.

ISLAMABAD:

The Supreme Court was shocked to learn on Wednesday that on the request of military authorities, the Khyber-Pakhtunkhwa administration closed the case against some army officials, including Naib Subedar Amanullah Baig. The case involved the illegal removal of 35 undeclared inmates from an internment centre in Malakand two years ago.

Deputy Attorney General Waqas Dar submitted the defence ministry’s one-page report before the three-judge bench of the apex court, headed by Justice Jawwad S Khawaja, stating that the case has been shifted to the army authorities for further investigation and any subsequent trial under the Pakistan Army Act 1952.

For the first time in Pakistan’s history, a defence minister on March 21 lodged an FIR under Section 346 against those army officials allegedly involved in the illegal removal of 35 undeclared inmates from an internment centre in Malakand.

The defence ministry in its report stated, “The person accused in the 35 missing persons case is a serving army personnel and is subject to the Pakistan Army Act 1952, therefore, being a case of concurrent jurisdiction, the competent military authority under Section 94 of the Pakistan Army Act, Section 549 of the Criminal Procedure Code and rule cognisance of the said case and decided that accused person’s case be dealt with under the Pakistan Army Act.”

The DCO Malakand was reportedly asked to close the criminal case registered against Naib Subedar Amaullah Baig and others and he closed the matter in Levy Post Malakand and shifted the case to the army authorities.

The report stated that an inquiry was ordered on March 10 into the details of the case; the results will be communicated for the police record in due course in light of Rule 374 of the Army Regulations, the report said.

Earlier, K-P’s additional advocate general (AAG) requested the bench to allow some time for the filing of a reply regarding the trial of the accused officials in view of the defence minister’s FIR.

Meanwhile, the bench was astonished to learn that the case was transferred to the army. “What is your stance now and is it not the prerogative of a civilian authority to accept the army’s request or not?” Justice Jawwad asked the AAG K-P.

When the DAG submitted that army has made such a request, Justice Jawwad expressed his annoyance and asked why the military authorities’ request was accepted by the DCO Malakand regarding the transfer of the case; he said the court will ask the AGP to assist in this matter.

The bench further observed that it will take up the case next week and if the law does not permit the transfer of military officials’ cases then it would deliver a judgment in this regard. The bench adjourned the hearing for one week.

Published in The Express Tribune, April 17^th, 2014.