PESHAWAR: The Peshawar High Court on Wednesday directed the federal and Khyber Pakhtunkhwa governments to jointly pay compensation to the tune of one million rupees to an old woman whose only son was first allegedly picked up by an intelligence agency and later found dead on the Peshawar-Islamabad Motorway.

A bench consisting of Chief Justice Dost Mohammad Khan and Justice Musarrat Hilali issued directives to the federal and Khyber Pakhtunkhwa law and finance secretaries to make arrangements for payment of compensation, observing that it was responsibility of the state to safeguard life and property of an individual.

The woman, Hamida Bibi, has claimed that her only son, Farmanullah, was taken into custody in Peshawar by personnel of an intelligence agency over a year ago and later on by the end of 2012 his body stuffed in gunnysack was found on the Motorway.

The woman had submitted an application to the chief justice, saying her son was a watchman in Nauthia area.

Additional advocate general Naveed Akhtar informed the bench that in accordance with its earlier order, a high-level team of investigators was constituted by police, who had recorded statements of a shopkeeper and relatives of the dead man.

He added that the relatives had been suspecting the involvement of intelligence agencies in the commission of the offence.

Mr Akhtar said police had sent a request to the Corps Headquarters on the same issue but had so far not received any reply. He added that in case no reply was given GHQ would be contacted through the provincial home secretary.

The bench directed police to expedite the investigation in the case.

Similarly, in another case regarding the killing of a ‘missing person’ in an alleged encounter while trying to escape from custody of an intelligence agency, the bench directed the in charge of Judge Advocate General (JAG) branch Brigadier Nobahar and deputy attorney general Mohammad Iqbal Mohmand to submit detail reply why earlier wrong affidavit was given on behalf of the intelligence agencies that the deceased was not in their custody.

The detainee, Abdul Samad, was killed along with two other suspects in an alleged encounter with security forces in Peshawar Cantonment.

The FIR of the said encounter was registered at West Cantonment police station on Aug 7, 2012, on the complaint of Captain Tahir Hafeez of Intelligence Battalion. He said detainees were kept in temporary detention for their onward transportation to the notified internment centre. He alleged that the detainees had snatched rifle from a guard and started firing.

The bench asked Brigadier Nobahar when the detainee was earlier in custody of the intelligence agency, then why the defence ministry had submitted affidavit that he was not in custody of any of the intelligence agency.

The official said the detainee was killed in Aug, while the affidavit was given in Oct and by that time, the detainee had already died. He added that sometimes, there was lack of communication among agencies due to which the error might have occurred. The bench adjourned the hearing into the case until May 8 with the direction to the officials to submit detailed reply.

The petitioner, Mir Rehman, father of the deceased, has claimed that his son was picked up by the security agencies on Oct 3, 2011, from the jurisdiction of the East Cantonment police station and few months before his death the petition regarding his detention was filed wherein the agencies had expressed ignorance regarding his whereabouts.

Also, the bench heard a case regarding the dumping of human bodies stuffed in gunnysacks in different areas.

Senior superintendent of police (investigation) Zakir Hussain said police had made progress in investigation into some cases but could not openly share their details for being sensitive. He requested for in-camera hearing.

The bench directed him to separately seal each of the investigation reports in envelopes and submit it to the court and that no one except the court would be allowed to de-seal those envelopes. It later adjourned hearing until May 16.