Visitation rights: High court orders govt to provide details of nine ‘missing’ persons

Directs govt to recruit employees of Mines and Mineral Department in a transparent manner.

PESHAWAR: The Peshawar High Court (PHC) on Tuesday ordered the government to list the whereabouts of nine ‘missing’ persons allegedly detained by law enforcers, and notify the court when their families could visit them.

While hearing nine petitions regarding enforced disappearances, a division bench of Justice Yahya Afridi and Justice Ikramullah Khan ordered the additional advocate general to coordinate with relevant departments, including Home and Tribal Affairs, to make a complete list of detainees.

Deputy Attorney General (DAG) Kifayatullah told the court Minhajuddin was being held in a detention center in Lakki Marwat and his family members would have to file an application with the relevant commissioner if they wished to see him.

Justice Yahya Afridi argued it is difficult for families to file the application and then wait to receive permission. He proposed that the family be informed when the meeting is possible.

Additional Advocate General (AAG) Waqar Ahmad Khan told the court that according to standard operating procedures (SOP) there were no restriction on family visits if it was the first meeting after the detainees were taken into custody.

The court then ordered the AAG to consult with relevant officials and make a complete list of the detainees and their respective details. It was stated that the court needs to be informed when people can visit their relatives that are detained by law enforcement agencies.

The case was adjourned till today (Wednesday).

In a separate case, the same bench ordered the provincial government to adopt a transparent hiring process within the Mines and Mineral Department and publish notices detailing job qualifications and candidates.

Saadullah Khan Marwat, counsel for the petitioner Naveed Ayaz, told the court that the government advertised the posts of four royalty inspectors and six junior clerks on January 4, but did not mention the names of the respective departments.

Marwat argued that this tactic was employed to recruit blue-eyed candidates, which is against the law and denies the rights of the people. The court then stayed the appointments on January 24.

It directed the government to recruit employees in a transparent manner and the petitioner be considered among the candidates.

Published in The Express Tribune, April 30^th, 2014.