PESHAWAR: The Peshawar High Court on Tuesday sought a written reply from the Khyber Pakhtunkhwa government in a petition of father of two internees of an internment centre, who were declared black by the authorities but their trials had yet to begin.

A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaisar also directed the head of the internment centre at Lakki Marwat to allow visitation right to the petitioner to meet the two internees.

The petition is filed by an inhabitant of Bhakar, Mohammad Azam, requesting the court to order the authorities to conduct trials of his two sons, Mulazim Hussain and Obaidullah, kept at Lakki Marwat internment centre.

The bench ordered the provincial home department to submit reply within 15 days and fixed June 16 for next hearing into the petition.

Arif Jan, lawyer for the petitioner, said sons of his client were taken into custody by law-enforcement agencies in 2011 and 2012 respectively.

He said first whereabouts of the two brothers were not known and second his client had filed a habeas corpus petition before the high court.

Orders meeting between two internees and their family members

The lawyer said it was surfaced later that the two brothers were kept at Lakki Marwat internment centre and had been placed in the black category, which meant that they were considered hardened militants.

The lawyer said the court had disposed of the said habeas corpus petition last year with the direction that the petitioner be given visitation rights and the authorities should deal both of them in accordance with law.

He said under the Action (in aid of civil power) Regulation 2011 for Pata, the authorities should refer those placed in the black category for trial to an anti-terrorism court or any other court dealing with militancy.

“Despite passage of many months, these internees have not been tried for any offence,” he said.

Meanwhile, in another petition filed by father of another internee seeking visitation rights, the bench sought reply from the head of Lakki Marwat internment centre.

Petitioner Abdullah Khan said his son, Khairullah, was kidnapped by some militants in Jun 2010 in North Waziristan and had demanded payment of Rs8 million for his release.

He, however, said as he had no money to pay to militants, he turned down their demand.

The petitioner said Khairullah was later handed over to an intelligence agency before being detained at the Lakki Marwat internment centre over suspected links with militants.

He said despite his requests, he had not been allowed to meet his son.

Moreover, the bench also sought replies from the interior and defence ministries and provincial home department in a habeas corpus petition filed by Abdullah against the alleged illegal detention of his son, Saeedullah.

The petitioner said his son was taken into custody on July 25, 2014, by the law-enforcement agencies near Khyber Super Market in Peshawar cantonment and since then he had been missing.

He said an FIR was also registered at CIA police station but to no avail.

The petitioner requested the bench to direct the relevant authorities to produce his son.

Published in Dawn, May 20th, 2015

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