PESHAWAR, March 28: The Peshawar High Court on Wednesday asked the law-enforcement and intelligence agencies to expedite shifting of missing persons to the notified internment centres, as cases of such persons were on the rise.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Waqar Ahmad Seth directed deputy attorney general Mohammad Iqbal Mohmand, to convey to the relevant officials that the process of shifting of the detainees had slowed down.

Hearing cases of missing persons, the bench observed that they had heard from a high-ranking official in Swat that the way the court released some detainees there after placing strict conditions on them had proved successful.

It said that the released persons had been regularly appearing before police stations concerned.

In one case, the bench was informed by the DAG that a detainee, Aleem Gul, was handed over to political agent, Orakzai Agency, on Oct 28, 2011, by the security forces and he had now been detained under Section 40 of the Frontier Crimes Regulation.

The bench observed that Section 40 of the FCR did not deal with any offence rather it provided for preventive detention of a person suspected of breach of peace.

The detainee was allegedly taken into custody by Hangu police on Aug 2, 2010 and handed over to the security forces. A reader of the political agent, Ameer Akber, informed the bench that they had constituted a jirga under Section 11 of the FCR for dealing with this case.

The bench asked him how they could constitute a jirga for a person who had been detained under Section 40 as this section did not deal with any crime. It directed the DAG and the official to inquire from high ups whether they had any objection if the court released the detainee after placing strict conditions on him on the pattern of that of the detainees of Swat. The bench fixed April 12 for next hearing.

In another petition, filed by one Mohammad Akber, challenging the alleged illegal detention of his son Fazle Akber, the bench allowed more time to the interior ministry for tracing the detainee and adjourned the hearing till April 24.

Meanwhile, the bench also adjourned hearing to April 24 of another petition filed by one Said Nabi, father of a detainee, Fayyaz Khan. He alleged that Mr Khan was taken into custody on Sept 20, 2010, from Landi Kotal. It was added that later they came to know that he was detained by the Khyber Rifles, a component of the FC.

The interior ministry expressed ignorance regarding whereabouts of another detainee, Mujeebur Rehman, following which the bench included the ministry of defence as respondent in the case and directed the DAG to sought comments from it.

About one missing person, Omar Bacha, the DAG informed the bench that the Military Intelligence had requested for more time for tracing him.

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