PESHAWAR: The Peshawar High Court on Thursday adjourned hearing into a petition against the alleged illegal detention of Pakistan Tehreek-i-Insaf general secretary in Kohat district Salman Shinwari as he contacted his family and told them he was well and they should wait for a few days for his return.

Chief Justice Mohammad Ibrahim Khan of a single-member bench fixed Feb 12 for next hearing into the habeas corpus petition filed by Mr Shinwari’s brother Barrister Afzal Khan Shinwari, who sought the court’s intervention for the recovery of his brother, who was allegedly taken away from Kohat’s district courts on Jan 27.

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His whereabouts were not known, according to Barrister Afzal.

The chief justice had warned the government on Wednesday (Jan 31) that he would constitute a larger bench for hearing the matter if the detainee was not freed or his location were not traced until Thursday.

Salman Shinwari tells brother he’s well and family should wait for his return

Additional attorney general Sanaullah Khan told the bench that he contacted the relevant agencies and officials and had compiled a report in that regard.

Advocate Syed Sikander Hayat Shah appeared along with petitioner Barrister Afzal Shinwari, who informed the bench that after Wednesday’s proceedings, Mr Shinwari had contacted him.

He said his brother told him that he was well and the family should wait for a few days for his return. He, however, didn’t say anything regarding his whereabouts and captors.

The chief justice observed that it was nice to know the detainee was well and alive.

He remarked in a lighter vein that he (detainee) would return after the purpose for which he was made a ‘guest’ was served.

The petitioner’s counsel said the case should be adjourned until after the Feb 8 general elections.

A day ago, the AAG informed the court that he contacted officials of intelligence and law-enforcement agencies, which expressed ignorance about Mr Shinwari’s whereabouts.

Before his disappearance, Mr Shinwari campaigned for former federal minister and PTI central leader Sheharyar Afridi, who is contesting for a National Assembly seat in Kohat.

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Meanwhile, Kohat’s district police officer appeared before the bench and claimed that the district police didn’t pick up village council chairman Nabiullah, who had been missing since Jan 19.

DPO Mohammad Farhan, who was summoned by the court a day ago, said he had also submitted his reply to the court on the matter.

He said the ‘missing’ person was neither in the custody of police nor was he picked up by them.

The DPO said if he was provided with any information about the involvement of any police official in the disappearance of Nabiullah, he would take action.

Advocates Shah Faisal Ilyas and Khurram Zeeshan appeared for the petitioner.

Relatives of the “detainee” have claimed that Nabiullah belonged to the PTI and was taken into custody from the premises of the Kohat district courts, where he had gone to get relief in cases registered against him.

Provincial advocate general Aamir Javed told the court that Nabiullah’s father had declared that his son was not taken away from the district court and that he left the premises before boarding his vehicle.

The bench directed the relatives of Nabiullah to record their statements with the additional registrar (judicial) of the court and name the official who they suspected was involved in the enforced disappearance of their family member.

The chief justice observed that if the detainee was traced in the custody of any official, then the court would decide whether to start contempt proceedings against him or order registration of an FIR in the matter.

Published in Dawn, February 2nd, 2024