PESHAWAR, Oct 21: The Peshawar High Court on Tuesday disposed of a habeas corpus petition challenging the alleged illegal detention of a missing person as the security agencies expressed ignorance about his whereabouts.
A two-member bench comprising Justice Jehanzeb Raheem and Justice Shahji Rehman Khan observed that as the respondents had not been conceding the detention of the missing person, therefore, his production order could not be issued.
The bench directed the petitioner that he could again file a petition in case he ascertained in whose custody the detained persons had been kept or where he was detained.
The petition was filed by Banaras Khan, brother of the alleged detainee, Ghafar Khan, a resident of Kuza Bamkhela, Matta Tehsil. The petition was filed under Article 199 of the Constitution.
The petitioner alleged that his brother was detained by the Swat police and Military Intelligence at Circuit House in Kabal and his whereabouts were not known.
An official of the Military Intelligence appeared before the court and stated that they had not picked the missing persons. He added that neither Mr Ghafar was in their custody nor they were aware regarding his whereabouts.
Some officials of Swat police also appeared and expressed ignorance regarding the whereabouts of Mr Ghafar. They added that they had not arrested him.
The petitioner’s counsel Behlol Khattak contended that the detainee was arrested by Matta deputy superintendent of police on Jan 1, 2008, and then he was handed over to Colonel Mustapha of Military Intelligence, who took him to the Circuit House.