Visitation rights: Court says families should be allowed to meet inmates at internment centres
Bench hears petitions by relatives of loved ones held at facilities.
Peshawar High Court. PHOTO: PPI
PESHAWAR:
Peshawar High Court Chief Justice Mazhar Alam Miankhel said suspected militants held at internment centres should be allowed to meet their relatives in accordance with legal protection.
He made this remark while hearing several applications submitted by relatives of missing persons and those whose loved ones are detained at internment centres on Wednesday. Miankhel was part of a two-member divisional bench which also included Justice Irshad Qaisar.
Missing persons
During the hearing, Halima, one of the applicants, filed an application through her counsel which stated that her two sons have been missing for a long time. However, Additional Advocate General (AAG) Waqar Ahmad Khan told the court both men have been detained at the internment centre in Lakki Marwat and their mother has met them. He added Halima’s sons have been placed in the ‘black category.’
The bench also heard another application about two missing persons, Amanullah and Said Rehman. It was informed that all internment centres – with the exception of the one in Lakki Marwat – have submitted their reports and said they do not have custody of Amanullah and Rehman.
The court also heard the application of Ali Basara, a woman whose son went missing. According to Basara’s attorney, little is known about the whereabouts of his client’s son. Both the AAG and Deputy Attorney General Musarat Shah informed the court that the relevant authorities were searching for Basara’s son.
Danyal Khan Chamkani submitted an application on behalf of his client Khushnood Begum whose son Yasir alias Mudasir has been missing since February 14, 2014. As per the application, the police have informed his client that her son was a fugitive in a terrorism case. The counsel added the bench should ask an anti-terrorism court to submit all details about conditions at internment centres.
Basis for transfer
In a separate application, the court was asked to order the transfer of Amanat Ali from the internment centre in Landikotal to Jamrud. According to the applicants, Ali’s parents were old and could not afford to travel long distances to visit him. The court ordered his transfer to an internment centre in Jamrud and asked the relevant authorities to provide proper medical facilities to him as he was suffering from hepatitis. The court asked the FATA additional chief secretary to submit a detailed reply regarding the issue. If he fails to do so, the internment centre will be summoned to appear before the bench.
The bench asked the relevant departments to submit their replies regarding these cases in a timely manner.
Stay extended
The same bench also extended the stay of the five serving and one retired high-ranking police officials who had been summoned by National Accountability Bureau over the weapons procurement scam.
The six officials have been identified as Abdul Majeed Khan, Abdul Latif Khan, Sajid Ali Khan, Muhammad Suleman Khan, Kashif Alam and Sadiq Kamal Orakzai who were represented by their attorneys – Abdul Samad Khan, Anwarul Haq and Barrister Arshad Ali.
All six officials were named in a NAB reference and were believed to be part of a weapons procurement scam worth billions of rupees. The bureau had sought a direction from an accountability court to summon the officials to court. However, the court did not issue these directions. A similar direction was sought from the high court but it also upheld the accountability court’s decision. The apex court also stopped the bureau from summoning officials. However, NAB still issued notices to the petitioners.
Officials filed a petition against NAB in this regard and PHC awarded them a stay. The court has extended their stay on Wednesday and adjourned the case.
Published in The Express Tribune, November 5th, 2015.
Peshawar High Court Chief Justice Mazhar Alam Miankhel said suspected militants held at internment centres should be allowed to meet their relatives in accordance with legal protection.
He made this remark while hearing several applications submitted by relatives of missing persons and those whose loved ones are detained at internment centres on Wednesday. Miankhel was part of a two-member divisional bench which also included Justice Irshad Qaisar.
Missing persons
During the hearing, Halima, one of the applicants, filed an application through her counsel which stated that her two sons have been missing for a long time. However, Additional Advocate General (AAG) Waqar Ahmad Khan told the court both men have been detained at the internment centre in Lakki Marwat and their mother has met them. He added Halima’s sons have been placed in the ‘black category.’
The bench also heard another application about two missing persons, Amanullah and Said Rehman. It was informed that all internment centres – with the exception of the one in Lakki Marwat – have submitted their reports and said they do not have custody of Amanullah and Rehman.
The court also heard the application of Ali Basara, a woman whose son went missing. According to Basara’s attorney, little is known about the whereabouts of his client’s son. Both the AAG and Deputy Attorney General Musarat Shah informed the court that the relevant authorities were searching for Basara’s son.
Danyal Khan Chamkani submitted an application on behalf of his client Khushnood Begum whose son Yasir alias Mudasir has been missing since February 14, 2014. As per the application, the police have informed his client that her son was a fugitive in a terrorism case. The counsel added the bench should ask an anti-terrorism court to submit all details about conditions at internment centres.
Basis for transfer
In a separate application, the court was asked to order the transfer of Amanat Ali from the internment centre in Landikotal to Jamrud. According to the applicants, Ali’s parents were old and could not afford to travel long distances to visit him. The court ordered his transfer to an internment centre in Jamrud and asked the relevant authorities to provide proper medical facilities to him as he was suffering from hepatitis. The court asked the FATA additional chief secretary to submit a detailed reply regarding the issue. If he fails to do so, the internment centre will be summoned to appear before the bench.
The bench asked the relevant departments to submit their replies regarding these cases in a timely manner.
Stay extended
The same bench also extended the stay of the five serving and one retired high-ranking police officials who had been summoned by National Accountability Bureau over the weapons procurement scam.
The six officials have been identified as Abdul Majeed Khan, Abdul Latif Khan, Sajid Ali Khan, Muhammad Suleman Khan, Kashif Alam and Sadiq Kamal Orakzai who were represented by their attorneys – Abdul Samad Khan, Anwarul Haq and Barrister Arshad Ali.
All six officials were named in a NAB reference and were believed to be part of a weapons procurement scam worth billions of rupees. The bureau had sought a direction from an accountability court to summon the officials to court. However, the court did not issue these directions. A similar direction was sought from the high court but it also upheld the accountability court’s decision. The apex court also stopped the bureau from summoning officials. However, NAB still issued notices to the petitioners.
Officials filed a petition against NAB in this regard and PHC awarded them a stay. The court has extended their stay on Wednesday and adjourned the case.
Published in The Express Tribune, November 5th, 2015.