PESHAWAR: The Peshawar High Court on Tuesday issued notices to seven Pakistan Army officers through the General Headquarters for explaining their position in three missing person cases after relatives alleged their involvement in enforced disappearance of their relatives.

A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain asked the army officers to file separate replies in the cases by July 1, the next date of hearing.

During the hearing into around 25 enforced disappearance cases, the bench also issued show cause notice to the Khyber Pakhtunkhwa home secretary for failing to show up despite court notice.

The chief justice observed that the home secretary’s attitude showed how serious the government was about the missing person cases.

He asked the secretary to explain in writing his absence from the court to prevent action.

In one case, Naik Seerat Bibi has challenged the alleged illegal detention of husband Mohammad Khan.

Relatives allege military men behind enforced disappearances

The woman from Adenzai area in Lower Dir district said a jirga headed by local notables, including Mohammad Ali, Shahzaib and Mohammad Zaib, had handed over her husband to Colonel Arshad and Major Dilawar of Baloch Regiment on July 29, 2009, after the latter suspected that he was involved in militancy.She said her husband had been missing since.

The bench observed that as the two officers had specifically been accused by the petitioner, it would be appropriate to put them on notice.

It also issued notice to the three members of the jirga directed them to appear in person on July 1, the next date of hearing.

Similarly, in another case, Noor Mohammad alleged that security officials, including Colonel Zafran, Major Mohsin and Subedar Naeem had taken his son, Umar Gul, into custody in Tirah area of Orakzai Agency on May 21, 2011. He said he had been updated on his son’s whereabouts for first six months but later he had no idea where his son was kept.

The bench decided to include the three army officials in the list of respondents and issue them notice for explanation in the case.

Also, the bench issued notice to Colonel Gul Zamin and Captain Shah Faisal, who are charged by Abdul Samad with taking away his father, Qazi Ziaur Rehman, from Doaba checkpost in Hangu.

The petitioner alleged that Captain Shah Faisal had taken his father into custody and handed him over to the colonel at Tall Fort in Jan 2014.

During the hearing, the chief justice observed that in different cases, the authorities expressed ignorance about the whereabouts of the detainees but later, they were traced in internment centres.

He observed that the record of internment centres would reveal who had shifted the said internees to the internment centres and if the need arose, the court would seek the record.

The chief justice observed that on the same performa, the defence and interior ministries had been changing the names of the detainees expressing ignorance regarding their whereabouts.

Moreover, the bench sought explanation from the chief of the Lakki Marwat Internment Centre on why relatives of an internee had not been allowed to meet him for around eight months. The relatives claimed they hadn’t been allowed to meet internee Juma Gul despite repeated requests though he was entitled to visitation rights.

The bench adjourned the hearing into other enforced disappearance cases to July 1 directing the defence and interior ministries to file separate replies in the cases and try to trace the missing persons in question.

Published in Dawn, May 28th, 2014