PHC orders Special Branch to resolve issue about ‘disappearance’ of four brothers
PESHAWAR: Peshawar High Court on Monday directed the additional inspector general (AIG) of the police’s Special Branch to sit with the family of a leading business family to resolve the issue regarding the mysterious disappearance of its four members from the Hayatabad area here, and produce a report about it after two weeks.
Justice Shakeel Ahmad of a single-member bench heard the case of the disappearance of four Alkozai brothers.
At the outset of the hearing, Nadir Shah, lawyer for the petitioner, insisted that armed men took away Usman Khan Alkozai, Mohammad Nasir Alkozai, Abdul Waris Alkozai and Zahir Khan Alkozai and CCTV footage of the “abduction” was also available.
He said that in the previous hearing, additional chief secretary (home and tribal affairs) Mohammad Abid Majeed had also spoken about the formation of a joint investigation team for the matter but still there was no news of his disappeared clients.
Seeks report about it after two weeks
Deputy attorney general Obaidullah Anwar, who appeared on behalf of the federal government, claimed that the disappeared persons were not in the custody of intelligence agencies.
The bench adjourned the session for sometimes while directing the AIG (Special Branch) to appear before it.
AIG (Special Branch) Kashif Alam and KP advocate general Shah Faisal Utmankhel appeared before the bench, when the hearing of the case resumed.
Justice Shakeel queried the officials about progress made by the government in the disappeared person’s case.
He also asked them if any meeting had so far been held on the issue and who took them away or they had gone away on their own.
Advocate General Shah Faisal Utmankhel informed the bench that the government had formed a JIT on the matter, while all agencies had submitted their reports declaring the disappeared persons were not in their custody.
However, Justice Shakeel observed that it was not a single incident of its kind as the number of “missing persons” was on the rise.
The counsel for the petitioner said no investigation was being carried out into the matter, which was discussed in a close-door meeting only.
The advocate general said that petitioners didn’t nominate anyone in the case despite the court’s orders to do so.
AIG (Special Branch) Kashif Alam told the bench that a JIT had formed to investigate the matter and it had so far held three meetings.
He, however, said that the petitioners were not cooperating with the JIT and so far have not appeared before the probe body.
Mr Alam said that if the petitioners have no trust in the JIT, then, they can approach other forums as well.
The bench later directed the AIG to sit down with the petitioners, resolve the matter within two weeks, and produce a report about it.
The habeas corpus petition seeking the recovery of the four brothers belonging to Alkozai family, a prominent business household has been filed by a female family member of the detainees, Gulalai Alkozai.
The petitioner moved the court against the “abduction” of her four brothers from their Hayatabad Township house allegedly by persons in police uniform on Feb 28.
She requested the court to order the recovery of the detainees.
The petitioner claimed that at midnight on Feb 28, a police contingent took away the four brothers — Usman Khan Alkozai, Mohammad Nasir Alkozai, Abdul Waris Alkozaiand Zahir Khan Alkozai.
Published in Dawn, July 16th, 2024