Missing person cases: Court let down by unhelpful policemen
From the Newspaper | | 2nd February, 2012
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PESHAWAR, Feb 1: The Peshawar High Court on Wednesday observed that most missing person cases would have been solved had police provided it with proper information on them.

During the hearing into cases of some missing persons, a bench comprising Chief Justice Dost Mohammad Khan and Justice Mian Fasihul Mulk regretted that the relevant police officials often concealed facts and didn’t cooperate with it.

“If you are scared of someone, you should provide the information on a small piece of paper instead of telling us it openly,” the chief justice observed in a case when a police official expressed ignorance about the whereabouts of a victim of alleged enforced disappearance.

The court said unfortunately, no missing persons appeared before the court to help it after being freed by captors and that they never told the court where they were kept and who were their captors.

“The relatives of these missing persons often appear before the court and taunt us as if we are guilty. These people including burqa-clad women often narrate their ordeals but the court can’t help them when nobody is willing to come forward to assist us,” Chief Justice Dost Mohammad Khan observed.

During the hearing into Muazima’s petition against the alleged illegal detention of her husband, Qari Mujahidullah, the bench directed the former station house officer of the Hasthnagri police station to appear before it in person.

Earlier, current SHO of the police station Riazul Islam showed up and said when Mr Mujahidullah was allegedly taken into custody by police and security agencies in 2009, he was not SHO. He, however, said he had checked his station’s record and there was no mention of the said detainee.

The court fixed February 23 for the next hearing directing additional advocate general Fazlur Rehman Khan to find out who was the then SHO and ensure his presence on the next hearing.

In another habeas corpus petition of Jan Wari against her son’s, Mubarak Shah, alleged illegal detention by security agencies since May 2011, the standing counsel for the federal government, Jamil Warsak, sought more time for response on behalf of the defence ministry.

He said the petitioner had alleged that Major Younas of Inter Services Intelligence had been keeping the ‘missing person’ but he was told by the relevant official that no official by the said name served in the intelligence agency.

The bench observed that ISI officials often operated under pseudonyms and therefore, Major Younas should trace out who was that official.

Mr Warsak said the relevant judge advocate general of Pakistan Army, Colonel Noor Ahmad, was engaged somewhere else due to which he couldn’t turn up and might provide him some information in this respect.

The bench adjourned hearing into the case until February 22.

In another petition of Ziarat Bibi seeking recovery of her missing husband, Natol Khan, the bench directed the capital city police chief to produce lists of the people killed in the October 28, 2009 Meena Bazaar car bombing.

The woman had sent an application to the chief justice saying she was a resident of Gujranwala and her husband had gone to Peshawar on October 27, 2009 to purchase clothes but didn’t return.

As the state counsel said the Meena Bazaar bombing left many bodies beyond recognition, the court directed police to produce reports of the DNA tests, if any, conducted on the bodies.

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