Enforced disappearances: Families of deceased can file FIRs: PHC

CJ says centre in charges only in control on paper

PESHAWAR: The Peshawar High Court has told the families of previously missing persons, whose bodies were handed over by Kohat internment centre authorities, that they could file an FIR and name anyone they deem responsible for the death of their loved ones.

The division bench of Chief Justice Mazhar Alam Miankhel and Justice Muhammad Younis Thaheem gave the families the right to file cases on Thursday while hearing cases of 31 enforced disappearances. Of these cases, 17 bodies were handed over to the families from the Kohat centre.



Deputy Attorney General Manzoor Khalil represented the federal ministries of interior and defence, while Additional Advocate General Waqar Ahmad Khan appeared on behalf of the provincial government.

The court was informed that brothers Zar Wali and Liaqat Ali went missing on July 18, 2012 and June 28, respectively, from Lady Reading Hospital. Both missing persons were later traced to the internment centre in Kohat. However, their bodies were handed over to the family on September 1, 2014.

The bench further learnt the bodies of Naik Bacha’s son, Shahmir, and his two nephews Bakhtawar Shah and Tahir Shah, were also handed over to the family, while Sahib Shah, another relative, is still being held at the internment centre.

Similarly, Ismail Shah, Nasir Shah, Turab Shah and Bilal Shah were also being held in Kohat. The court then ordered the Kohat commissioner to submit reports of the oversight boards on these detainees.

The court was also told the bodies of Sajidur Rehman, Noor Khaliq, Bismillah Khan, Farmanullah, Mir Zali, Minar Khan, Wilayat Shah and Noor Gul Khan were handed over to the families on various dates.

The court was also informed that families of the deceased agreed not to have post-mortems conducted so the bodies were handed over without an autopsy.

It was revealed the oversight board report of the internment centre showed around 11 other detainees who have been placed in the black and grey categories.

During the course of the hearing, Justice Miankhel quipped that the in charges of internment centres were simply in control on paper and somebody else was pulling the strings.

The court disposed of petitions in which the bodies of inmates were received by the families as well as those cases in which inmates were categorised.

The families were given the option to file an FIR at the relevant police station if they suspected the involvement of a particular person(s) in the death of a detainee.

The division bench also directed that families be allowed to meet loved ones detained in Kohat whenever they file an application for visitation. It also said the inmates should be given proper health facilities.

The court said that as per the Action (in aid of civil power) Regulations 2011, the suspects were arrested and placed in the black category when it was established they had links with militants and were involved in subversive activities.

The PHC ordered that oversight board reports be submitted through the offices of the advocate general so that they are placed in the relevant files of each case. The chief justice also told the families to submit an application in court if they faced any trouble visiting the inmates.

Published in The Express Tribune, November 28^th, 2014.