PESHAWAR: The Peshawar High Court on Thursday sought explanation from the Khyber Pakhtunkhwa governor and the additional chief secretary of Fata Secretariat regarding the supervision of the internment centre of Ghalanai, Mohmand Agency, where an interned person had died around 11 months ago.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Malik Manzoor ordered the governor and the additional chief secretary to inform it in writing whether the Frontier Corps or the tribal administration currently supervises the said internment centre.

The bench issued the order after Political Agent of Mohmand Agency Khushaal Khan informed it that the internment centre where the death had occurred was under the control of Frontier Corps and the tribal administration had no authority to enter there.He said according to report of the relevant agency surgeon, the internee had died of natural death.

The bench observed that under the Action (in Aid Of Civil Power) Regulation 2011 for Fata, the governor was the authority to notify an internment centre and also to appoint in charge of the internment centre.

It observed that it was necessary to first ascertain in whose supervision the said internment centre was. The hearing was later adjourned. The date for next hearing will be announced afterwards.

The bench had summoned the political agent in a writ petition filed by Moahida saying her husband, Maula Jan, was taken into custody by the security forces in Mohmand Agency on Jan 17, 2011.

She said her husband remained missing and finally he was shifted to an internment centre at Ghalanai on Aug 16, 2012.

Khanzada Ajmalzaib Khan, lawyer for the petitioner, contended that the internee had died in custody at the internment centre and the body was handed over to the family on Feb 10, 2013.

He said the family was told by the tribal administration that he had died of natural death but the body was carrying marks of torture.

The lawyer requested the bench to order payment of compensation to the petitioner as she belonged to poor background.

The chief justice observed that the authorities had not fulfilled their responsibility as proper autopsy of the deceased was not conducted.

Jehanzeb Mehsud, lawyer for the administration, contended that in tribal areas, there was no tradition of conducting postmortem.

The chief justice asked since they began caring for tribal culture, the administration had been conducting raids on residences in tribal areas and taking away persons and keeping them in illegal detention. He observed that the people had been kept in illegal detention for many months and even for years.

The chief justice observed that the court would not permit the authorities to violate the Constitution in the name of fighting terrorism.

“If the militants have been violating the constitution and killing people in inhuman manner the law enforcing agencies should not follow their suit but should remain in the ambit of the Constitution and law.”

It merits a mention here that in tribal areas, there are 34 notified internment centres several of which are under the control of Pakistan army and Frontier Corps.