Illegal detention: Family of killed missing person fears filing an FIR
Deceased’s brother says they are being pressured to withdraw case from PHC
PESHAWAR:
The family of a victim of enforced disappearance who was found dead last year is under immense pressure to withdraw its case and refrain from filing an FIR, the Peshawar High Court (PHC) was told on Thursday.
This was learnt by the two-member bench of Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain hearing 11 petitions of enforced disappearances. Farman, counsel for petitioner Asadullah, told the court that Asad’s brother Roohullah was arrested by Chamkani police in May 2013 but his body was later found in Takhta Baig, Khyber Agency.
“An FIR should be registered regarding Roohullah’s death, but the family is being pressurised not to do so,” said the lawyer.
Explaining the alleged pressure tactics being used against the family, an elder brother of the deceased and Asad told the court that Chamkani police picked him in May without any charges but he later obtained bail. He added some of his belongings were also confiscated and were yet to be returned.
“We have been forced to change our house after we received threats. My mother is a heart patient and I cannot afford to put her under any more stress after the death of her son,” he said.
He added the family began receiving threats after they approached the high court regarding Roohullah’s illegal detention and subsequent death.
“I cannot imagine what dire consequences I will have to face if I file an FIR naming the official responsible for my brother’s death,” said the bereaved brother. He added he wanted to withdraw his petition from the PHC owing to the threats he and his family have been receiving after Roohullah’s death.
However, the court did not allow him to withdraw his petition and instructed him to file an application in the court if the family receives any more threats.
The bench then issued a show-cause notice to the SHO of East Cantonment police station to explain why disciplinary action should not be taken against him. Chamkani police station’s SHO was also summoned by court to respond to the allegations levelled against him by the family.
Roohullah was arrested by Chamkani police on May 24, 2013 along with his mother, three brothers and one more person from his residence in Tarnab Farm. The police said these people were preparing an improvised explosive device.
In August 2013, an anti-terrorism court acquitted all the accused people. However, police also charged Roohullah of being involved in another case related to an attack on the election office of a political party prior to the May 11 general elections.
His relatives say he was granted bail in that case, but when he was leaving the central jail on September 6, an intelligence agency picked him and his body was then found on November 20.
Roohullah’s family had then protested outside the Peshawar Press Club and PHC.
In October, former chief justice Dost Muhammad Khan summoned sector commander of the Inter-Services Intelligence and secretary of K-P Home and Tribal Affairs department to explain why some people are picked even after the court has released them on bail. However, no official appeared before the court.
During Thursday’s hearing, the bench also ordered the provincial government and federal ministries of defence and interior to submit reports regarding Latifur Rehman, a missing person from Dir who was picked up on June 6, 2009.
Published in The Express Tribune, September 5th, 2014.
The family of a victim of enforced disappearance who was found dead last year is under immense pressure to withdraw its case and refrain from filing an FIR, the Peshawar High Court (PHC) was told on Thursday.
This was learnt by the two-member bench of Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain hearing 11 petitions of enforced disappearances. Farman, counsel for petitioner Asadullah, told the court that Asad’s brother Roohullah was arrested by Chamkani police in May 2013 but his body was later found in Takhta Baig, Khyber Agency.
“An FIR should be registered regarding Roohullah’s death, but the family is being pressurised not to do so,” said the lawyer.
Explaining the alleged pressure tactics being used against the family, an elder brother of the deceased and Asad told the court that Chamkani police picked him in May without any charges but he later obtained bail. He added some of his belongings were also confiscated and were yet to be returned.
“We have been forced to change our house after we received threats. My mother is a heart patient and I cannot afford to put her under any more stress after the death of her son,” he said.
He added the family began receiving threats after they approached the high court regarding Roohullah’s illegal detention and subsequent death.
“I cannot imagine what dire consequences I will have to face if I file an FIR naming the official responsible for my brother’s death,” said the bereaved brother. He added he wanted to withdraw his petition from the PHC owing to the threats he and his family have been receiving after Roohullah’s death.
However, the court did not allow him to withdraw his petition and instructed him to file an application in the court if the family receives any more threats.
The bench then issued a show-cause notice to the SHO of East Cantonment police station to explain why disciplinary action should not be taken against him. Chamkani police station’s SHO was also summoned by court to respond to the allegations levelled against him by the family.
Roohullah was arrested by Chamkani police on May 24, 2013 along with his mother, three brothers and one more person from his residence in Tarnab Farm. The police said these people were preparing an improvised explosive device.
In August 2013, an anti-terrorism court acquitted all the accused people. However, police also charged Roohullah of being involved in another case related to an attack on the election office of a political party prior to the May 11 general elections.
His relatives say he was granted bail in that case, but when he was leaving the central jail on September 6, an intelligence agency picked him and his body was then found on November 20.
Roohullah’s family had then protested outside the Peshawar Press Club and PHC.
In October, former chief justice Dost Muhammad Khan summoned sector commander of the Inter-Services Intelligence and secretary of K-P Home and Tribal Affairs department to explain why some people are picked even after the court has released them on bail. However, no official appeared before the court.
During Thursday’s hearing, the bench also ordered the provincial government and federal ministries of defence and interior to submit reports regarding Latifur Rehman, a missing person from Dir who was picked up on June 6, 2009.
Published in The Express Tribune, September 5th, 2014.