PESHAWAR: The Peshawar High Court on Tuesday disposed of six habeas corpus petitions after learning from the government about the presence of the relevant ‘missing persons’ at the internment centre of Ghalanai in Mohmand Agency.

The petitions were filed by relatives of the internees.

A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Haider Ali Khan observed that the detainees had been interned under a law, the Action (in aid of civil power) Regulation 2011, and had been declared ‘black’ suggesting that evidence were available against them of involvement in acts of terrorism and therefore, it could not proceed in their cases.

It, however, observed that if petitioners faced problems in visiting internees or were denied rights, they could get back to the court yet again.

The bench was hearing 17 cases of enforced disappearances.

PHC disposes of cases saying law stops it from proceeding in them

Deputy attorney general Manzoor Khalil and additional advocate general Qaisar Ali Shah informed the bench about developments in different cases.

In one case, detainee Noor Zaman was allegedly taken into custody by law-enforcement agencies from Namak Mandi in Peshawar on May 13, 2011, following which he remained missing. Her mother Bakht Meena had filed the habeas corpus petition challenging his illegal detention.

While the case was pending the court was informed by the government lawyers that the detainee had been kept at an internment centre at Ghalanai. During previous hearing the bench had sought the report of the oversight board and the interning authority. When the bench took up for hearing the case the DAG and AAG produced the record and informed that the detainee had already been declared ‘black’ meaning that evidence was available against him regarding his involvement in acts of terrorism. The bench decided to dispose of the petition.

In another petition regarding the ‘illegal’ detention of Abdul Basit, a resident of Shabqadar in Charsadda district, the petitioner, Shakeela, stated to be his wife, alleged that he was arrested by the security forces on Aug 29, 2011, following which he could not be traced.

Few weeks ago, the petitioner came to know that he had been interned at Ghalanai internment centre. She alleged that his internment was illegal.

Another petitioner, Gul Bano, had challenged the detention of her husband, Faiz Mohammad, saying he had gone missing from Sro Kalae area in Shabqadar in 2011.

She claimed that the detainee was innocent.

The bench was informed by the state representatives that he was also declared ‘black’ by the interning authority due to which he could not be freed.

The bench observed that when he was declared ‘black’ the present petition had become infructuous as it was no longer case of enforced disappearance.

Furthermore, another detainee, Qari Mohammad Jamal, who had gone missing from Mohmand Agency in 2009, was later on traced at Ghalanai internment centre. He was also declared ‘black’ by the concerned authorities.

In the same manner, two other missing persons Niaz Mohammad and Abdullah were also declared ‘black’ and the DAG and AAG alleged that evidence were available against them regarding their involvement in militancy.

Meanwhile, the bench issued notices to the additional chief secretary of Fata, the political agent of Mohmand Agency and head of the Ghalanai internment centre asking them to explain why an internee had not been permitted to appear in the Primary Teacher Certificate (PTC) examination as per order of the court.

The bench fixed Dec 12 for the next hearing.

Petitioner Pashmeena said last month, the court had directed the authorities to make arrangement for appearance of her son, Attaur Rehman, in the PTC examination.

She, however, said despite the court orders, the authorities did not permit him to appear in the examination which was a violation of the court order.

In some other cases, the bench ordered the production of reports of the oversight boards related to different internment centres.

Published in Dawn, November 12th, 2014