PESHAWAR, Nov 28: An additional district and sessions judge on Tuesday disposed of an application filed against local police for not handing over body of an alleged offender to his family.

Deceased Afghan Sher of Tirah (Khyber Agency) was killed on Nov 13 in an alleged encounter in the Bhadabher area. Police claimed that he was an anti-social element and was involved in various crimes, including kidnapping and car lifting.

Relatives of the deceased, however, said he was a law-abiding citizen and had, in fact, left Tirah to avoid clashes between Lashkar-i-Islami and Ansarul Islam who recruited people by force.

Judge Gohar Rehman Khan disposed of the application after the SHO PS Bhadabher assured the court that the body would be handed over to the petitioner if he went to the police station. He stated that none of the family members had visited the PS to receive the body.

The court warned the SHO not to act in a similar manner in future.

The application was filed by Marwat Khan, maternal uncle of the deceased, under section 22-A of the Criminal Procedure Code. He claimed that one of his relatives had gone to the police station to receive the body but he was detained by the police for four days.

He further stated that now they could not visit the PS due to fear of detention.

Advocate Mahboob Ali Khan appeared for the applicant and contended that it was the legal right of the applicant to receive the body of his nephew for proper burial.