PESHAWAR, April 11: The Peshawar High Court on Wednesday summoned the federal ministers and secretaries of defence, interior and law in cases of missing persons, asking them to explain why they had been defending illegal and unconstitutional acts of the intelligence agencies.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Mian Fasihul Mulk also put on notice the attorney general for Pakistan and the judge advocate general of Pakistan Army, directing them to appear and assist the court on the point under what authority of law these agencies had been keeping persons in illegal detention.

Hearing several cases of missing persons the bench also took exception to the assistance rendered by police to the intelligence agencies and observed that if the police stopped assisting the agencies several cases of missing persons would be resolved.

One of the petitions is filed by one Fazal Manan, a resident of Shabqadar tehsil. He alleged that a team of security forces and police had picked up his sons, Zakirullah and Abdullah, and a nephew Rafiullah on Dec 31, 2011. He stated that later two of the detainees were freed while Zakirullah had still been missing. He stated that one of the security personnel was identified as Capt Khalid.

When deputy attorney general Mohammad Iqbal Mohmand sought time on behalf of ministries of interior and defence for submitting their statements, the bench took exception to it observing that the situation had been heading from bad to worst.

The bench observed that in all the habeas corpus petitions in the high court allegations were levelled against the ISI, MI, FIA and sector commanders of the intelligence agencies. It added that it was often alleged that these agencies picked persons from houses without search warrant, detained them in illegal detention centres and tortured them.

The chief justice observed that keeping in view the provisions of the constitution regarding fundamental rights, the government, particularly the ministries of defence and interior, were not supposed to defend illegal acts of these agencies.

“The matter is very serious not only for the courts, but also for civil society which raised voice against it and it may result in any ugly situation like public versus the army and would be dangerous for both the state and army,” the bench observed, adding that it was appropriate that the ministers and secretaries of defence, interior, law should appear in person and explain their positions.

The bench directed Advocate Ghulam Nabi, representing the petitioner, to include the said ministers and secretaries as respondents in his petition within seven days.

Another petitioner, Fateh Gul, stated that four of his relatives named Attaullah, Khalid, Habibullah and Irshad, were taken into custody by the Mardan police, headed by SHO Abdul Samad, on Aug 21, 2009. He stated that Attaullah and Khalid were released, but the other two had still been missing.

The SHO, who had now become a DSP, sought time for filing a reply in the case.

The bench asked the DSP why they were scared of these agencies and concealing facts from courts.

“We will provide you protection if you narrate factual position in these cases,” the chief justice observed, adding that nobody could be allowed to violate law and constitution on pretext of militancy.

In another petition regarding disappearance of Elite Force official, Shah Khalid, in Nowshera over 18 months ago, the bench expressed anguish over non-completion of inquiry by the police. The bench summoned the DIG (inquiry) and the staff of the concerned Akora Khattak police station on May 9.