PESHAWAR: The Peshawar High Court on Thursday disposed of 12 petitions on enforced disappearances after the Kohat internment centre proved the missing persons held by it had died of natural causes.

While disposing of the cases, a bench comprising Chief Justice Mazhar Alam Miankhel and Justice Mohammad Younas Taheem observed petitioners could register FIR at the relevant police stations against any official if they suspected that internees had died an unnatural death.

During the hearing, the Kohat internment centre’s chief produced a report on the people kept at his facility along with affidavits signed by petitioners, who insisted they (petitioners) didn’t want their deceased relatives autopsied.

Internment centre proves ‘missing persons’ held by it had died of natural causes

He added that autopsy was not performed on the deceased at the request of the families concerned.

The chief justice observed that he knew under what circumstances, the relatives of deceased internees put their signature to affidavits.

He observed that the chiefs of internment centres existed on paper only, whereas the affairs of such centres were managed by ‘some other qua rters.’

The bench observed that petitioners were not satisfied with the affidavit produced on their behalf and they suspected involvement of any official or officials in the death of their relatives, they were free to lodge FIR against suspect(s) at the relevant police stations.

The observation came during the hearing into 31 cases of missing persons.

Deputy attorney general Manzoor Khalil and additional advocate general Waqar Ahmad appeared for the federal and provincial government, respectively.

They produced reports of the relevant oversight board about several internees.

During previous hearings into several enforced disappearance cases, it transpired that the ‘missing persons’ were kept at the Kohat internment centre until death and that their bodies were handed over to relatives.

In several cases, the court had issued orders to the chief of the internment centre to explain why the bodies of the deceased internees were not autopsied.

Moving scenes were witnessed in the courtroom as some petitioners, including women, cried claiming that their deceased relatives were picked up by agencies though they had committed no crime.

Petitioner Tahir Ali told the bench that his two brothers, Zawar Ali, a seventh grader, and Liaquat Ali, member of a peace committee in Swabi, were arrested by law-enforcement agencies in 2012 along with his third brother, Qaisar Ali.

He said Zawar Ali and Liaquat Ali were found at Kohat internment centre but later, the centre’s representatives handed their bodies over to him insisting they had died of natural causes.

Lawyers Malik Ajmal and Malik Yasir said the whereabouts of the ‘missing person’ continued to be unknown.

Kurram Agency elder Nek Badshah said six of his sons, three nephews and four servants were taken into custody by the security forces on Dec 12, 2012.

The petitioner, a resident of Yousafkhel area in Kurram Agency, claimed that later on he came to know that four of his sons were kept at Kohat internment centre, whereas rest of the detainees were still missing.

He said three months ago, he was given bodies of three sons, including Barkat Shah, Tahir Shah and Bakhtawar Shah, whereas his fourth son, Sahib Shah, was still at the internment centre.

The petitioner’s lawyer, Gul Nazir, said the authorities had yet to act upon the high court’s orders for grant of visitation rights to the petitioner so that he could meet son at the centre.

The bench expressed displeasure at the non-compliance of its orders and directed the provincial government to stop salary of the Kohat commissioner, in whose jurisdiction the centre is situated, and observed that the meeting of the petitioner with son should be arranged without delay.

About other missing relatives of the petitioner, the bench directed the defence and interior ministries and provincial home department to make efforts for tracing them.

In another case, petitioner Mohammad Noor informed the court that the body of his son, Wilayat Shah, who was arrested in Hayatabad Township in 2012, was handed over to him.

The deceased was also kept at the Kohat internment centre. Similarly, another petitioner, Mian Ajab Khan, claimed his brother, Bismillah Khan, was arrested by security forces in Peshawar on Sept 8, 2012, and his body was handed over to him in the Kohat internment centre.

He said his family belonged to Tirah valley but shifted to Peshawar PHC disposes of 12 enforced disappearance cases after the start of military operation against militants.

Also, a woman, Zafrana, told the bench that her son, Noor Gul, who was a rickshaw driver and sole breadwinner of the family, was arrested around two years ago, but the son’s body was handed over to her three months ago.

She said the deceased had three small children.

Another elder, Noor Mohammad, a resident of Akakhel clan of Afridi tribe, said his son, Minar Khan, was taken into custody by a local pro-government committee over two years ago but later on, he was traced in Kohat internment centre.

He said few weeks ago, he was asked to come and collect his son’s body.

Meanwhile, the bench disposed of 12 other enforced disappearance cases after the production of the report of the oversight board about them.

According to the report, internees in those cases were declared ‘black’ or ‘grey’ by investigators.

The bench directed the relevant authorities to allow petitioners to meet internees.

Published in Dawn, November 28th, 2014