PESHAWAR, Jan 10: The Peshawar High Court on Tuesday observed that it would no longer accept the stereotype replies given by the government counsel in cases of missing persons and they had to come up with complete details.

A two-member bench comprising Chief Justice Dost Mohammad Khan and Justice Waqar Ahmad Seth observed that such disappearances were unconstitutional and violating fundamental rights of an individual.

In one of the petitions filed by father of a missing boy, a deputy superintendent of police of Shabgadar tehsil in Charsadda district, appeared and said that neither they picked the detainee, Bacha Khan, nor he was aware regarding his whereabouts.

The bench observed how it could possible that local police were not aware about who had picked the detainee. The court observed that the detainee had been missing for around three years and so far police had not conducted any investigation in the case.

The petition is filed by Tehseenullah, a resident of Charsadda. He alleged that his son was taken into custody by law enforcement agencies in April 2009. He claimed that the detainee was later on shifted to the custody of Mohmand Rifles and subsequently handed over to the tribal administration.

The chief justice reprimanded police officials for their failure to trace the detainee. It was observed that if the civil administration could not fulfil its responsibility it should told the government.

The bench adjourned hearing of the case to Feb 7 and summoned the assistant political agent of Ghalanai, Mohmand Agency.

In another petition the standing counsel of federal government, Fareed Kundi, sought more time on behalf of the ministry of interiorfor tracing a detainee, who has been missing since July 2011.

The bench observed that the counsels appearing for federal government had been submitting stereotype replies in such cases that would not be acceptable in future.

It was observed that the state could not absolve itself of its responsibilities merely by stating that the agencies concerned had expressed ignorance about a detainee.

The court directed him to provide complete details about which officer of the department concerned was in contact and what type of communication took place between them.

The petition is filed by Amrooz Khan, a resident of Qila Shah Baig area in Hangu district.

He stated that personnel of security forces headed by Major Abbas had raided their residence and taken away his son Kareem Khan.

The bench inquired from the petitioner whether he was aware where his son had now been detained. The old man replied in negative.

The court adjourned hearing of the case to Feb 2, directing the standing counsel to provide complete details in the instant case.

Meanwhile, another bench comprising Justice Miftauddin Khan and Justice Mian Fasihul Mulk put off hearing of a petition filed by a resident of Shabgadar, Izzat Khan, challenging the alleged illegal detention of his son Arab Gul.

The petitioner claimed that his 15-year-old son was having his right leg paralysed. He alleged that around eight months ago he was going to the residence of his brother when was picked by personnel of Frontier Corps. He suspected that the detainee had been kept at a garrison of FC at Warsak.

The bench allowed time to the government to trace out the detainee.