Enforced disappearances: PHC issues show-cause notice to home secretary

Directs officials to submit affidavits along with their replies on missing persons.

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued a show-cause notice to the Khyber-Pakhtunkhwa (K-P) Home and Tribal Affairs department secretary for not complying with court orders in missing persons’ cases.

The notice was issued by a division bench, comprising Chief Justice Mazhar Alam Miankhel and Justice Ikramullah Khan, while hearing 12 petitions of enforced disappearances. Deputy Attorney General Kifayatullah and Additional Advocate General Rab Nawaz were representing the federal and provincial governments, respectively, while Major Muhammad Ali appeared on behalf of the Ministry of Defence.

The bench was informed that Shamsher Ali Khan was allegedly picked up from Swat around five years ago, while his sons Muhammad Ayaz and Muhammad Riaz are also missing.

Justice Mazhar Alam expressed displeasure with the government for not letting the family of those missing know about their whereabouts. He reiterated if any missing person is involved in anti-state activities they should be prosecuted and punished according to the law.

The bench then directed Major Muhammad Ali and the representative of the Ministry of Interior to inform the high-ups to at least tell families about their missing relatives, adding these cases need to be expedited.

The bench told the deputy attorney general those officials who submit a reply to these petitions should also provide affidavits. The court then gave a ‘last’ chance to the government’s representatives who were present at court to submit their replies.

In one of the cases, the court was told Latifullah was allegedly picked up from the jurisdiction of Badhaber police station on December 14, 2009 and the family of the missing person accused the relevant station house office of being responsible. SHO Haji Granullah, however, told the court he was not posted at the time and Riaz Khan, who was posted at the police station, was later martyred in a bomb blast.

The court then directed the incumbent SHO to check the records of the concerned police station, former SHO and then submit a reply. Some cases from other districts were sent to the relevant bench of the PHC so that families could easily attend the hearings. 

Published in The Express Tribune, May 7^th, 2014.