PESHAWAR: A Peshawar High Court bench has summoned the head of an intelligence agency, a former home secretary and two other officials for filing conflicting reports about a ‘missing person’ in the court.

Chief Justice Waqar Ahmad Seth and Justice Abdul Shakoor directed former home secretary Ikramullah Gandapur, director (legal) at the defence ministry Brig Falak Naz, ISI director general Lt-Gen Faiz Hameed and director (legal cell)/ focal person at the home department Salim Mohammad to appear before it on Oct 14 and explain their respective positions on the matter. The bench directed respondents to file response in that respect before the next hearing.

Mohammad Turab had filed two petitions regarding his ‘missing’ brother, Insaf Shah. Initially, he had filed a habeas corpus petition in 2017 challenging the alleged illegal detention of his brother.

In 2018, he filed another petition through the PHC Human Rights Cell claiming his brother was taken into custody by security agencies few years ago in Mohmand Agency (now tribal district) before he remained incommunicado.

The court received the reply of the home secretary supported by an affidavit by director legal cell Salim Mohammad, which declared that the detainee was kept in the interment centre in Ghalanai Mohmand tribal district.

In the connected petition, the reply of the home secretary duly supported with an affidavit by a section officer (judicial) at the home department, Kamranullah, was submitted claiming that the detainee has not been held by any intelligence agency.

At the start of hearing into the two petitions, the bench wondered how two different replies could be submitted about the same detainee.

The focal person for missing persons, Kamranullah, said the two reports/ replies were submitted on the basis of the letters issued on June 15, 2018, and Feb 14, 2019, by the defence ministry.

The bench observed that as two different reports were received, it was appropriate to summon the relevant officials.

Published in Dawn, October 2nd, 2019

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