PESHAWAR: The Peshawar High Court on Wednesday disposed of a writ petition related to “enforced disappearance” of a resident of Swat after his brother informed that they had been handed over his body by the officials of an internment centre in Lakki Marwat.

A two-member bench comprising PHC Chief Justice Mazhar Alam Miankhel and Justice Roohul Ameen Khan while disposing of the petition filed by Zar Pari, the mother of deceased Qari Mohtaram Shah, observed that the petitioner had the right to register an FIR at the police station concerned against any official if she suspected that her son had died unnatural death.

Khaista Bacha, an elder brother of the deceased, appeared before the bench and contended that they had faced several hardships during the time when militants were calling shots in Swat. He said that army took away his brother when it recaptured the area.

He claimed that once Taliban had also given punishment of 80 lashes to him (Khaista Bacha) as he had disconnected wires of an improvised explosive device, which they had planted for targeting the security forces.

Mr Bacha said that his brother remained missing for six years and finally they were told by the authorities of the internment centre to receive his body as he died there on the occasion of last Eidul Fitr. He claimed that army personnel had also taken away their dumper truck which was the only source of income of their extended family. He requested the bench to order the returning of his vehicle as he had eight children and had been passing through miserable times.

The bench observed that his truck was non-custom paid and he should approach a civil court in Swat for getting it back.

In another case, the bench sought report of the oversight board regarding the detention of a student in Lakki Marwat internment centre. The petitioner, Haji Sarbiland Khan, a resident of Bannu, stated that his son was an eighth grade student and he himself handed him over to the security forces around six years ago. Few weeks ago, he said, they came to know that he was detained at Lakki Marwat internment centre.

Body handed over to family by officials of Lakki Marwat internment centre

The petitioner said when his son was taken into custody he was a teenager and now he could not recognise him as he was in bad shape and was sporting beard. He said that his son was innocent and had no links with any militant organisation.

During course of proceedings of different habeas corpus petitions, the PHC chief justice observed that on the one hand the government had been setting up special military courts for tackling terrorism and on the other hand suspects had been kept in internment centres without progress in their cases for last many years.

He observed that the court did not want to interfere in the affairs of security forces but at least they should implement the Action (in aid of civil power) Regulation under which people had been kept in internment centres.

In another case, a petitioner Siraj Hussain Shah alleged that his close relative Mufti Ishfaq Hussain was taken into custody by the security forces many years ago and now he was traced in Kohat internment centre.

During previous hearing the court had ordered the Kohat commissioner to submit report of the oversight board regarding the detainee. A staff officer of the commissioner, Mohammad Riaz, appeared and stated that the report could not be submitted in time as security forces had not been providing them the relevant data.

The bench regretted that despite clear directives of the court the report had not been submitted. The bench ordered that the report of oversight board should be positively submitted before next hearing.

In some fresh cases of “enforced disappearances” the bench issued notices to the federal defence and interior ministries and the provincial home department directing them to inform the court regarding the whereabouts of the respective detainees.

Published in Dawn January 22nd , 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play