The families’ plight: Incomplete progress reports prolonging cases of missing persons

The PHC has repeatedly sought reports on interned individuals, but govts’ response remains unsatisfactory.

PESHAWAR:

A sudden uncomfortable silence engulfed the courtroom on June 26 when a missing person’s mother burst into tears saying the court was her only hope.

Payo Jana’s plight was one too many for Peshawar High Court (PHC) Chief Justice Mazhar Alam Miankhel who told government representatives they (the judges) could not face the petitioners anymore. “If the missing persons have been charged then they should be booked. If not, release them. Every time, the court gets stereotypical replies,” the chief justice said while hearing around 50 petitions on enforced disappearances.

Over the last three months, it has been regularly observed that complete reports are not provided to the Peshawar High Court during hearings of missing persons’ cases.

In almost all hearings, one or many reports regarding the whereabouts of missing persons and charges levied against them have been missing. This unnecessarily prolongs the disposal of petitions on enforced disappearances.

There are several cases which have been pending for years, but whenever the high court questions the federal and provincial governments regarding their status, the reply is always that a ground check is in progress.

On many occasions, the court has instructed the federal and provincial governments, home and tribal affairs department, ministries of interior and defence and secret agencies that the families of missing persons should at least be informed where their family members are being kept so that their grievances can be minimised. However, little progress has been made.

On April 17, the court sought various reports on the people interned in various internment centres, the number of dead and alive inmates, number of released detainees as well as information on internees carrying any charges of involvement in anti-state activities.

The provincial government has submitted two lists in separate hearings containing 838 names of internees, their fathers’ names, date of arrest and internment centres they are being held at in Khyber-Pakhtunkhwa and the tribal areas.

However, other lists the court wanted so as to dispose of petitions are yet to be submitted, prolonging cases for many years.

Earlier, the PHC clubbed cases of enforced disappearances and issued a single order, however, CJ Miankhel changed the nature of the hearing and began hearing petitions separately, one by one. The CJ wants the government to provide a progress report in each and every petition so that the families get some relief.

The agonies of families of missing persons do not stop with just being told where their loved ones are interned. The family then has to file an application with the relevant district commissioner to be able to meet the internee, which in itself is a tedious process.

The need of the hour is for the government to submit complete records of all detainees in the court. If they are involved in any crime then they should be proceeded against under the law and if they are not then they should be lawfully set free.

What the law says

Section 14 of the Action (in aid of civil power) Regulations 2011 states that the provincial government shall notify an oversight board for each internment centre comprising two civilians and two military officers to review the case of each person interned within 120 days of the issuance of order of internment. The board must also prepare a report for the consideration of the provincial government.

Section 18 states, “Whosever commits or attempts to commit any offence under this regulation shall be proceeded under the Frontier Crimes Regulation, Code of Criminal Procedure or the Anti Terrorism Act 1997 or any applicable law.”

It adds the case should be handed over to the relevant prosecuting or investigating agency to initiate a formal arrest, but only after the order of internment has been withdrawn.

Published in The Express Tribune, June 29^th, 2014.