PESHAWAR: Peshawar High Court Chief Justice Mohammad Ibrahim Khan on Wednesday warned the government it would constitute a larger bench for hearing the case of the ‘enforced disappearance’ of the Pakistan Tehreek-i-Insaf’s general secretary in Kohat district if his whereabouts were not traced until Thursday.

Additional attorney general Sanaullah Khan told the single-member bench that he had contacted the relevant intelligence agencies but was told that PTI leader Salman Shinwari was not in their custody.

The bench directed him to submit a reply by Thursday.

It declared that it would resume hearing into the matter today (Thursday) at 2pm and by that time, the detainee should either be freed or the court should be informed about whose custody he was in.

AAG says Shinwari not in custody of intelligence agencies

The chief justice held that a larger bench would be constituted to hear the matter and decide how to proceed against the relevant officials in case the detainee was not traced.

The bench was hearing a habeas corpus petition filed by Afzal Khan Shinwari, brother of the detainee Salman Shinwari, stating that the detainee was taken into custody on Jan 27 and since then his whereabouts were not known.

The petitioner’s counsel, Syed Sikandar Hayat Shah, said the detainee was recently charged in different cases and was granted protective bails by the high court with the direction to appear before the relevant court.

He said he had gone to the district courts in Kohat to appear before the relevant court in those cases. He added that he was taken away by the local police from the court premises and his driver was told that he would return back after sometime, but since then his whereabouts were not known.

When the bench took up for hearing the matter in the morning, the AAG said the police and other agencies had informed that the detainee was not in their custody.

The bench directed him to take fresh information from the relevant law-enforcement agencies and apprise the court of any development until 3pm.

When the bench resumed hearing into the case, the AAG said he was verbally told by the concerned officials of different agencies that they had no knowledge about the detainee.

Advocate Sikander Hayat said he was informed by the petitioner that the detainee was taken away by Inspector Manzoor following which it was not known to whom he was handed over.

The chief justice adjourned hearing of the matter directing the AAG to submit a reply to the petition.

The bench warned that it would constitute a larger bench which would also summon the relevant officials and decide what action should be taken in the matter.

The chief justice pointed out that several of its orders had not been complied with by the government.

“One of the state institutions has not been following court orders,” the bench observed.

“My father was a subedar in the Pakistan Army and I studied in the Cadet College. All of us extend our respect to the Army,” the chief justice observed.

“The country won’t function if the court orders were flouted and the system would collapse. Let the system continue to function.

“If they are not following the court orders then we (judges) would resign and leave our seats with respect, but won’t compromise on the dignity of the judiciary” the chief justice warned.

He observed that the judges abided by the law and the oath they had taken under the Constitution.

Meanwhile, the bench also summoned the Kohat district police officer in another habeas corpus petition filed against the alleged illegal detention of village council chairman Nabiullah.

The petitioner’s counsel Khurram Zeeshan said the detainee, who is a leader of the PTI, was taken away from the premises of the district court in Kohat on Jan 19 and his whereabouts had not been known since then.

SHO of Kohat Cantonment Police Station Islamuddin informed the bench that the PTI leader was not in their custody.

The chief justice observed that it was an important matter as the detainee was allegedly picked up to from the premises of the court and therefore, the DPO should appear in person to clarify position.

Published in Dawn, February 1st, 2024

To find your constituency and location of your polling booth, SMS your NIC number (no spaces) to 8300. Once you know your constituency, visit the ECP website here for candidates.