PESHAWAR, Dec 11: The Peshawar High Court on Tuesday directed the principal staff officer at the General Headquarters to form a board for looking into the suspected custodial killing of a missing person and observed that if any official of the armed forces or intelligence agencies was found involved in it, he should be tried by court martial.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Waqar Ahmad Seth took exception to the killing of Anar Gul, who had gone missing in May 2011, and observed that his death appeared to be the custodial killing.

It also directed the provincial home secretary, the provincial police officer (PPO) and the DIG (investigation) to constitute a committee to probe the incident and submit comprehensive report as to who was responsible for whisking him away and killing him.

The bench directed the principal staff officer at GHQ to form an inquiry board under the Army Act to find in whose custody Anar Gul was and under what law he was held.

It observed that if any person or persons of security agency or armed forces were found involved in the case, he or they should be tried by court martial under the Army Act otherwise the court would order trial of the culpable people under the civil law and the case would be referred to the relevant district and sessions judge.

Fida Gul, lawyer for the family of the deceased, said he was picked up by the law-enforcement agencies on May 23, 2011, from Nauthia area and his body was recovered from Hassanabdal on Oct 6, 2012.

He added that a habeas corpus petition was filed against his alleged illegal detention in June 2012 and that had been pending with the court.

The bench also summoned the political agent of Khyber Agency and the assistant political agent of Jamrud tehsil on Dec 18 in connection with the killing of two other missing persons.

On the same day, the court will conduct hearing into a case about the dumping of human bodies stuffed in gunnysacks in different parts of the provincial capital and its adjoining areas.

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