Enforced disappearances: High court order says deceased’s family can press charges

Enquiry reports from police, army establish Samad was killed in an encounter with security forces.

PESHAWAR:

The family of Abdul Samad, a previously missing person, has the right to register a case as he was killed in an encounter with security forces, stated the Peshawar High Court on Wednesday. Samad’s father, Haji Mir Rehman, had filed a petition with the court, saying his son was picked up by security forces on false suspicion.

A division bench of Chief Justice (CJ) Mazhar Alam Miankhel and Justice Malik Manzoor Hussain was hearing the case.

According to authorities, Samad was killed while trying to escape the custody of security forces in Cantonment in August 2012. The bench made its decision after hearing details from enquiry reports submitted by the Khyber Pakhtunkhwa (K-P) police and the army. The PHC had earlier ordered the principal staff office of the chief of army staff to conduct an investigation into the murder of missing person Abdul Samad.

Referencing one of the reports, Additional Advocate General Mian Arshad Jan said Wali Rehman, Abdul Samad and Muhammad Haroon had been detained by security forces and were being shifted to an internment centre when the incident occurred. According to the FIR filed by Captain Tahir Hafiz of the Intelligence Battalion, the suspects snatched a rifle from a security guard and opened fire, killing two soldiers – Nadir Ali and Muhammad Farooq.

Jan added on April 4, 2012 the deceased had been brought before judicial magistrate Zafarullah Khan Mohmand and had submitted a written confession under Section 164 of the Criminal Procedure Code, which proved he (Samad) was involved in subversive activities.

However, counsel for the petitioner Razaullah Khan argued, when Samad went missing in October 2011 and the case was first brought before PHC a few months later, the relevant agency denied it had him in custody. His dead body was handed over to the family in August 2012.

Brigadier Nobahar of Judge Advocate General Branch of Army told the bench they had followed court orders and prepared a complete enquiry report of the ‘missing person’ but could not disclose it in open court.

CJ Mazhar Alam proposed the judges read the report in his chamber if it contained sensitive material. The bench then said it would go through the report in open court but would not allow discussion on it.

The petitioner’s lawyer later told the court he was being threatened to distance himself from the case.

The court order stated the enquiry reports showed the detainee was killed in an encounter and the petitioner would be at liberty to register the case as a complainant.

Published in The Express Tribune, May 1^st, 2014.