PHC issues notice to KP govt

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued a notice to the Khyber Pakhtunkhwa government in a writ petition seeking trial of missing persons shifted to internment centre over a year ago.
A two-member bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaisar issued the notice to secretary Home and Tribal Affairs Department, Khyber Pakhtunkhwa.
The secretary was directed to submit a reply within 14 days and explain as to why the trial of the missing persons declared “black” had not commenced to date. The bench issued the notice in a writ petition by Muhammad Azam, a resident of Bhakkar district in Punjab province. His two missing sons Mulazim Hussain and Abdullah were shifted to the internment centre in Lakki Marwat over a year back.
The petitioner’s lawyer, Muhammad Arif Jan, submitted before the bench that first the agencies personnel had picked up the detainees in 2011 and 2012 and then shifted them to the internment centre in Lakki Marwat.
He said that the PHC had recently disposed of the cases of the missing persons after the oversight board declared them “black” with the direction to provide the petitioners visitation right and treat them under the law.
The lawyer argued that under the law the detainees should be tried within in a month whether it would be through military court or anti-terrorism court. He said the petitioners had been picked up on suspicion of being involved in terrorist activities some three years ago and were not tried for their offences to date.
The bench asked the Additional Advocate General (AAG), Waqar Ahmad Khan, to ensure submission of replies in the petition within 14 days. Like the two detainees, hundreds of missing persons were shifted to different internment centres established in Khyber Pakhtunkhwa and Tribal Agencies under the special law Action (in Aid of Civil Power) Regulation 2011 for Fata and Pata.
As per the record submitted to the high court in missing persons cases, many persons shifted to internment centres were declared “black”, but none of the terror suspects were tried to date.
Director General (DG) of ISI, regional in-charge IB and in-charge internment centre Lakki Marwat were made parties to the petition. The court directed secretary Home and Tribal Affairs to ensure meeting of the petitioner with his sons at the internment centre.
The bench also issued notice to secretary Home and Tribal Affairs and an in-charge of internment centre in Lakki Marwat to explain as to why the court’s orders about giving visitation right to close relatives of the detainee were as not complied with.
The bench issued the notice in a petition of Hamidullah, father of the missing person Khairullah, a resident of North Waziristan and shifted to internment centre in Lakki Marwat. The bench also issued notice to Ministry of Interior and secretary Home in a missing person case. They were directed to submit replies before next hearing.
Meanwhile, the PHC has summoned the inspector general of police and secretary Home and Tribal Affairs Khyber Pakhtunkhwa in a writ petition filed for registration of first information report (FIR) in a kidnapping case of an eight-year-old boy.
A division bench comprising Justice Qaiser Rashid Khan and Justice Asadullah Khan Chamkani issued the directions to IGP KP, secretary Home and Tribal Affairs, senior superintendent police operations and station house officer of Faqirabad to appear before the bench and explain as to why the FIR in the kidnapping case was not registered.
Amjad Iqbal, a resident of Peshawar had filed the petition through his lawyer Arshad Hussain, claiming that his minor son Shehzad was kidnapped on July 23, 2014. He said that he was trying to lodge FIR but in vain.
The petitioner’s lawyer submitted that his client’s son, a student of Jamia Masjid in Zaryab Colony in Peshawar, was kidnapped while going to madrassa.
He said that the kidnapers demand Rs40 million from the petitioner for safe release of the boy. He said that not only the concerned police station refused to register FIR, but the sub-ordinate court also refused to give direction for registration of the FIR.
The petitioner also mentioned the kidnapers in the petition including a teacher of the Madrassa. Meanwhile, the PHC on Tuesday disposed of the writ petition of former provincial minister Sher Azam Wazir with the direction that the National Accountability Bureau (NAB) would continue inquiry against him, but he would not be harassed during the inquiry.
The former minister had filed the writ petition in the high court seeking an order from the court to restrain the NAB from harassing him without any proof about the misuse of authority. The petitioner’s lawyer Masud Kausar submitted before the bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser that the NAB had issued a notice to the former minister on May 8, 2015 asking him to appear and explain his position regarding allegations against him in illegal appointments in the Workers Welfare Board, Khyber Pakhtunkhwa.
He said the petitioner had nothing with the WWB as it was an independent institution. He said the petitioner had not committed any offence and allegations had been levelled against him. Masud Kausar submitted that there should be an offense and some materials on record for conducting an inquiry against any person.
The counsel said that initiating action against his client by the NAB was based on malafide intention and political victimisation. He said that the bureau was misusing provisions of law by issuing notice to the petitioner merely on the basis of allegations.
He said that the NAB should be stopped from taking any action on the basis of allegations. Meanwhile, the PHC on Tuesday suspended a stay order on the recovery of gas infrastructure development cess (GIDC) from industrial units and CNG stations in Khyber Pakhtunkhwa.
A division bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaisar suspended the stay order in the light of a Supreme Court judgment. The action was taken on an application by the federal government.