PESHAWAR, May 8: In pursuance of the Peshawar High Court orders in various missing person cases, the Khyber Pakhtunkhwa chief secretary has asked the civil administration and police in the province not to arrest and detain a person and enter private lodgings without proper sanction of law.
In a written order, a copy of which was produced before a two-member bench on Tuesday, Ghulam Dastagir Akhtar told the additional chief secretary of Fata Secretariat, Khyber Pakhtunkhwa secretary for home and tribal affairs, and provincial police officer that “As sanctity of human rights, which includes protection of life, liberty and dignity of citizens, is the primary responsibility of the government, any violations in this regard be dealt with strictly under the relevant penal and administrative laws.”Producing the copy of the order issued on May 2 with the subject ‘sanctity of life, liberty and property,’ additional advocate general Fazalur Rehman Khan told the bench comprising Chief Justice Dost Mohammad Khan and Justice Miftauddin Khan that the chief secretary had complied with the court orders.
During hearing into various missing person cases on May 2, the bench had asked the chief secretary to ask his subordinate departments not to assist intelligence agencies in illegal activities, including illegal detentions. The secretary told the court that he would issue an order for the purpose soon after return from the court.
Meanwhile, the bench gave the defence ministry one week time to file reply to a petition challenging the alleged illegal detention of two brothers one of whom is crippled by polio.
Deputy attorney general Mohammad Iqbal Mohmand told the bench that the interior ministry had expressed ignorance about the whereabouts of the detainees, while the defence ministry had sought more time for the reply.
The bench ordered to fix the case on May 16, the day on which the court has summoned senior federal and provincial officials, too, for hearing into over two dozen cases of missing persons.
Mohammad Naeem and Mohammad Qasim, residents of Peshawar’s Zaryab Colony, were allegedly taken into custody on November 6, 2011.
Fazal Ilahi Khan, who pleaded their case before the court, claimed that the two were in the custody of an intelligence agency.
Meanwhile, the bench allowed the defence ministry to file reply within a week in the case about the alleged illegal detention of Fazal Subhan, a resident of Dermai village, Swat.
Mr Fazal, a tailor by profession, was allegedly picked up by policemen, including a head constable Amir Afzal, when he went to Khyber Medical Centre, Peshawar, on February 25, 2009.
In another missing person case, the bench was informed that in line with its earlier order, police had registered an FIR against two police officials before interrogating them over the alleged forced disappearance of Shahidullah Afridi and Baseer Khan in Peshawar Frontier Region. Mr Shahidullah was freed by his captors on February 25 this year.
On the last hearing, he appeared before the court and said he was taken into custody by the law-enforcement agencies from a religious seminary in Akora Khattak before being taken first to local police station and then to a place in Peshawar.
The bench ordered the fixing of the case along with other missing person cases for hearing on May 16.