The Khyber-Pakhtunkhwa (K-P) Home and Tribal Affairs department has directed commissioners dealing with notified internment centers to submit oversight board reports of detainees whose cases are pending before the Peshawar High Court (PHC) by October 28.
Additional Advocate General (AAG) Waqar Ahmad shared details of a meeting chaired by the home and tribal affairs secretary held on October 18 with Chief Justice Mazhar Alam Mainkhel and Justice Malik Manzoor Hussain as they heard 10 petitions against enforced disappearances.
The AAG told the court the commissioners were directed at the meeting to provide necessary health facilities to inmates and to compile post-mortem reports in case of a custodial death. Quoting the meeting’s minutes, he said officials were told to comply with court orders and determine whether internees fall into the black (proven militants), grey (suspected militants) or white (held on suspicion) categories.
Kidnapped
The court also learnt that Hazrat Bilal, who was working with the Frontier Corps (FC) as a constable in Mohmand Agency, was kidnapped by militants on June 30, 2010 and his whereabouts remain unknown. The court ordered the government to provide a complete report of the case.
His brother Ahmad Shah told the media outside the courtroom that Bilal, along with other FC personnel, was kidnapped by militants when they attacked a check post in Mohmand Agency. The family spoke to him on the phone soon after he was abducted, but there was no communication after that.
Shah said a video of the kidnapped FC personnel was released and it showed that Bilal had been shot and injured, but was still alive. However, since then the family has been in the dark regarding Bilal’s situation.
Missing educational milestones
The court also learnt that Attaullah, son of Pashimina Bibi, was picked up on February 23 and his whereabouts were traced to the internment centre in Ghallanai, Mohmand Agency. The bench was informed that the detainee would miss his primary teaching certificate (PTC) examination on October 23 and the family had even received his roll number.
Jehanzab Mehsud, the counsel for the political administration in Mohmand Agency, told the bench there are two internment centers in the tribal area. He elaborated one falls under the political administration while the second is run by Mohmand Rifles.
Mehsud claimed the one being run by the administration was defunct, while the other fell under the direct control of the inspector general (IG) of the FC. The division bench then sought a complete report from the FC IG on the detainee and also ordered the Ghallanai internment centre in charge to arrange for the inmate to take his exam.
The provincial government has submitted four reports in the high court, giving details of those previously missing persons whose whereabouts had been traced. A list submitted on May 29, 2014 showed 708 people had been traced, while a second report submitted on June 24 showed the details of 130 detainees. A third report was submitted on September 4, tracing the whereabouts of 96 people and a report on September 11 provided details on 42 previously missing persons. The report also stated that 20 of those ‘missing’ had been handed over to police and political administrations as they were wanted in different criminal cases.
Section 8 of the Action (in Aid of Civil Power) Regulation 2011 says the governor, or any authorised officer by him, may issue an order of internment.
Section 14 says “the governor shall notify an oversight board for each internment centre comprising of two civilians and two military officers to review the case of each person interned within a period of 120 days from the issuance of order of internment and prepare a report for consideration of the governor.”
Published in The Express Tribune, October 22nd, 2014.
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