PESHAWAR, June 27: The Peshawar High Court on Thursday rejected the claim of the defence ministry that around 177 missing persons were not in the custody of security agencies and observed that contrary to the law these agencies had been running illegal detention centres that should be shut down.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Asadullah Khan Chamkani while hearing around 250 habeas corpus petitions related to “enforced disappearances” observed that the illegal detention facilities maintained by the agencies was contrary to the provision of Action (in Aid of Civil Power) Regulation 2011 for Fata and Pata.

The bench ruled that it had credible information that the agencies had been maintaining illegal detention centres in tribal and settled areas, including Ghalanai and Orakzai and Kurram agencies. It was added that these centres should be closed down as the court would not allow this in any case. The relatives of “missing persons” turned up in large number. They included women, children and elders and were carrying pictures of their missing relatives.

Deputy attorney general (DAG) Muzamil Khan informed the bench on behalf of the defence ministry that of the cases fixed on Thursday the ministry had completed ground check about 177 alleged detainees and they were not in custody of any of the intelligence agencies. He said that nine of the suspects were shifted to notified internment centres, whereas the ministry had been conducting ground check concerning detainees in rest of the cases.

The bench expressed displeasure over the claim made by the federal government and observed that the government had been taking the issue in a casual manner. It was observed that while the government claimed that 177 persons were not in custody of intelligence agencies it did not make any effort to trace these people.

The DAG stated that the relatives of these missing persons filed cases before the high court, but in fact they had been fighting against the security forces. The chief justice observed that the court was aware of that fact and would never ask the government to make concession with the militants. He added that the security forces had been operating in aid of the civil power and they were assigned powers under the relevant 2011 regulation 2011, but they had not been following the provisions of the regulation.

The DAG requested the bench that at least proceedings in cases of the 177 detainees might be suspended as they could not be traced despite extensive ground check. The bench turned down his request observing that the court was not ready to buy this argument that they were not in the custody of agencies.

The in-charge of Judge Advocate General Branch of Pakistan Army, Brig Nobahar, stated that there was a possibility that some of the detainees were in custody of the security forces and they might be tried under the Official Secrets Act.

The bench observed that their could be trial of such detainees through a court martial as in that case the court and the relatives of these persons would at least be aware of their whereabouts.

Peshawar capital city police officer Liaquat Ali stated that he was not aware of the presence of any illegal detention facility in his area. The chief justice asked him if he was given information about these centres what would be his response then.

The chief justice pointed out that a few months ago a would-be suicide bomber and his handler were arrested by the local police near Pishtakhara area, but the handler was taken away by the agencies and he had still been missing.

He pointed out that a few days ago a truck carrying explosives was seized by the police, but they were pressurised by certain quarters to hand it over to agencies.

The CCPO stated that the seized explosives were destroyed in the presence of a magistrate. He stated that he was not aware of the issue of the missing “handler” as that happened prior to his posting on the present post.

The bench fixed July 23 for next hearing of these cases and reproduced its earlier order directing the ministry of defence and security agencies to categorise the detainees.

The bench directed that those who were innocent should be declared white and set free, while suspected hardened militants should be shifted to internment centres and be declared black.