PESHAWAR, March 15: At least four women and 12 children, related to an alleged outlaw, have been in prison for two years under the colonial law of Frontier Crimes Regulation (FCR).
The tribal administration of Lakki Marwat had arrested in early 2004 about 40 persons, mostly women and children, belonging to Bhittani tribe to which outlaw Arsal Khan belongs.
On May 5, 2004, the assistant political agent issued an order under Section 40 of the FCR directing that the women and children should be kept in prison for three years.
The Peshawar High Court on Feb 10, 2005, declared the detention of 10 women and children as illegal and unconstitutional. The petitioners had claimed that they were not related to Arsal Khan and their arrest under the collective responsibility clause of the FCR was illegal.
Some other detainees were also released later on. However, the immediate family members of Arsal Khan have still been imprisoned in the Bannu central prison.
These detainees claimed that they were arrested from the settled district Lakki Marwat in the jurisdiction of Tajori police and were shifted to the tribal areas by the administration.
The government had launched various operations for nabbing Arsal Khan, but they failed in capturing him. Arsal Khan is accused of being involved in various offences including murders and kidnappings.
The Society for the Protection of the Rights of the Child (Sparc) on Wednesday asked the NWFP Governor Khalilur Rehman to take note of this inhuman act and ordered release of the innocent people.
In a letter sent to the governor by the national deputy coordinator of Sparc, Arshid Mahmood, the organisation recalled that the governor had earlier made commitment in that regard in a conference on Oct 3, 2005.
The detainees include: Hukam Jana wife of Qadir Khan with her six children five of them convicted by name including Mohammad Siddique, 9 years, Khalil Mohammad 3 years, Razmeena 2 years, Wazir Azam 6 years and Islam Bibi 7 years, all of them convicted for three years. One-year-old Khair Mohammad is also with his mother.
The wife of Arsal Khan, Khair Bibi, is also in the prison with her five children four of them are convicted by name for three years including Wasil Khan 10 years, Commissioner Khan 6 years, Shawal Bibi 5 years and Eman Bibi 7 years. A suckling baby Amrozia is also with her. Their another relative, Tika Bibi wife of Laees Khan, is also there with her baby Momina. A 70-year old woman, Sanamullah Bibi wife of Yaar Mohammad Khan has also been detained with them.
Arshad Mahmood said: “The detention of these women and children is against all norms of humanity and civilised society, and all national and international laws including the constitution of Pakistan. Different agencies responsible for law and order have failed to perform their duties and have now started targeting innocent civilians to bargain with the outlaws.”
He questioned: “What is the difference between an outlaw kidnapping innocent people for ransom and the governmental agencies kidnapping and detaining innocent women and children for their release?”
Mr Mahmood said that the Sparc was concerned with this act of the administration and the misuse of the FCR. He urged the governor to immediately get these innocent women and children released without any further delay. He also requested the governor to change the notorious sections of the FCR paving way for the illegal arrests of innocent people.