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| September 14, 2005 | Wednesday | Sha'aban 9, 1426 |
PHC orders recovery of kidnapped person
PESHAWAR, Sept 13: The Peshawar High Court on Tuesday directed the administration of Mohmand Agency to recover a person abducted by his rivals three years ago from the settled area in accordance with a tribal custom following a dispute over drug money.
A two-judge bench of Chief Justice Tariq Pervez and Justice Saleem Khan directed an assistant tehsildar to recover the kidnapped person from the custody of the abductors and settle the dispute within 10 days.
The bench fixed Sept 22 for next hearing and directed the official to submit a report before that date. The bench added that the detainee should be kept in the custody of the administration, but he should not be treated as an accused- person.
The official informed the court that the detainee, Haji Umer Raz, was taken into custody by his rivals in Shabqadar, Charssada district three years ago in accordance with the custom of “baramtha” and now he had been in their custody in the tribal area.
The court inquired from him whether that custom was acceptable to the tribal administration. The official replied in affirmative and stated that the said act was in the riwaj (custom) in vogue in the area and often used in money disputes. He added that a jirga had already been trying to settle the issue.
He informed the court that initially the dispute was over money to the tune of Rs 14 million, but a jirga decided that the detainee’s son should pay Rs6 million. However, he added that the detainee’s son did not pay the money and instead filed an appeal before the FCR Commissioner.
The bench observed that the court would not allow anyone to abduct a person from settled area in such a manner. “In the eyes of law this is a case of abduction. We can’t allow private prisons,” observed Justice Tariq Pervez.
The bench observed that whatever the reason was for his abduction, the detainee had now been in illegal custody. It was added that the administration first of all should recover the detainee from the illegal custody of the abductors.
At the very outset of the proceedings, advocate Iqbal Mohmand, appearing for the petitioner Ali Man Shah, son of the detainee, stated that a money dispute had arisen between Ali Man Shah and his partners Bacha Gul and few others in Saudi Arabia.
He stated that the Bacha Gul group claimed that they were having joint business of smuggling narcotics to Saudi Arabia and now a big amount was outstanding against Ali Man Shah. The bench inquired from him whether it was on record that they were involved in narcotics trafficking. Mr Mohmand stated that this fact was mentioned in the order of the FCR Commissioner.
Mr Mohmand informed that the APA of Ekka Ghund (Mohmand Agency) ordered in the light of a jirga decision that Ali Man should pay Rs six million. He added that the said order was challenged before the commissioner, who remanded the case back.
The petitioner’s counsel stated that now father of the petitioner was abducted from Shabqadar, which was settled area. He contended that the FCR could not be invoked when a dispute had taken place in Saudi Arabia.
The assistant tehsildar of Pandiali (Mohmand Agency), Masood Shah, appeared for the administration and informed that a jirga had been constituted for resolving the dispute.
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