PESHAWAR: A Peshawar High Court bench on Wednesday sought explanation from the ministry of defence and home department about the alleged illegal detention of three brothers and confiscation of their land and house in Swat by the security forces.
Nisar Hussain and Justice Roohul Amin Khan issued the order in a habeas corpus petition filed by Zahida, who alleged that her husband and three sons were taken into custody by the security forces few years ago in Kabal area of Swat.
The woman’s lawyer, Bashir Khan, said his client’s husband, Daulat Khan, and sons Shujat Shah, Syed Asmat Shah and Masood Shah were arrested by the security forces before they went missing.
He said one of the petitioner’s sons, Shujat Shah, was located in Lakki Marwat internment centre in Nov 2014 and that he was subsequently placed in the ‘black’ category which meant that the relevant authorities suspected that he was hardcore militant.
The lawyer said Daulat Khan was traced at a Kohat internment centre and that later he died there and his body was handed over to the petitioner.
He added that her client’s remaining two sons had been missing.
The lawyer alleged that the security forces had also taken possession of the family’s 22 kanals land, a house and tractor, and leased out the seized land.
He added that the petitioner had a miserable time as she had no source of income.
The bench directed deputy attorney general Mussaratullah Khan to contact the defence and interior ministries and produce explanation on their behalf regarding the allegations of the confiscation of the said property.
It also issued directions for the tracing of the two alleged detainees in the custody of the security agencies.
The bench asked the home department to try to trace the two detainees in the internment centres located in the province.
Meanwhile, lawyer Khalid Khan Afridi told the bench that his client and a missing student, Khan Wahid, was taken into custody by the law enforcement agencies including police and counter-terrorism department personnel on May 6, 2015.
He said the detainee was a commerce student of a local college and that after his arrest, the CTD officials visited his house and took away his belongings including laptop.
The lawyer said the student was incommunicado and had been kept in illegal detention.
The bench directed the SHO of Gulbahar police station and CTD to produce a written explanation about the allegations leveled against them.
Published in Dawn, March 3rd, 2016