PESHAWAR, Jan 5: Two missing persons, who allegedly remained in illegal confinement of the local police for over a year, were sent to prison by a local court on Wednesday.
While they were produced before court of a judicial magistrate in an untraced case of kidnapping, the Peshawar district and sessions judge, Ziauddin Khattak, disposed of a habeas corpus petition filed by one of their relatives, Shera Khan.
The detainees, Sher Shah and Shakirullah, were recovered a day earlier by a bailiff of the court, Azmat Khan, who raided a police post at Hayatabad Township and found that the local police were shifting the detainees to another location.
While cases of habeas corpus against the local police are on the rise, the police high-ups continued to support the concerned SHOs and so far no action has been taken against any of them.
The district judge had a day earlier ordered the concerned SHO, Shaukat Khan, to appear and clarify his position. However, he did not turn up on Wednesday and instead the two detainees were produced before the court.
Advocate Noor Alam Khan appeared for the applicant and contended that it had now been proven that the detainees were in illegal confinement. He added that court may take strict action against the police officials so that they should not repeat the same practice in future.
The district judge observed that the application was of the nature of habeas corpus and as the detainees had been recovered and the police had now charged them in a case, therefore, in the present application the court could not proceed against the officials.
The court observed that the applicant should file another application for registration of case against the officials.
Meanwhile, on behalf of the detainees their relative, Shera Khan, filed an application before the court of additional district and sessions judge, Arshid Khan, for registration of FIR against the police for the offence of kidnapping for ransom.
The applicant requested the court to order registration of the case under section 365-A of Pakistan Penal Code (kidnapping for ransom) and section 7 of Anti-Terrorism Act. The case will be taken up for hearing on Jan 11. —Bureau Report