PESHAWAR, Sept 28: The Peshawar High Court on Tuesday observed that the inquiry commission, established to trace the missing persons, had failed to achieve the desired objectives as hundreds of people had still been missing with the authorities clueless regarding their whereabouts.

Expressing annoyance over the plight of missing persons, a two-member bench comprising Justice Dost Mohammad Khan and Justice Pir Liaqat Ali observed that no person including the army chief, the inspector general of police or any intelligence agency was authorised to detain a person without approval from the concerned court.

“We have regularly been receiving cases of missing persons. We don't understand why these agencies have not been mending their ways,” observed Justice Dost Mohammad.

The bench observed that the Supreme Court had been striving hard as well as the high court but still hundreds of persons had been missing and keeping people in illegal detention had become a regular phenomenon.

In one of the petitions, the bench ordered that the two colonels of the 9th Div Kohat should appear along with the relevant record regarding illegal detention of a person, Raees Khan.

The bench directed the petitioner, Said Nabi, who is brother of the alleged detainee, to produce another person, who according to him had remained in illegal detention in Kohat and there he had spotted the detainee.

The court also summoned the deputy attorney general, Mohammad Iqbal Mohmand, and asked him for how long such illegalities would continue to happen.

Mr Mohmand stated that they had been passing through extraordinary security situation.

The bench observed that they were not oblivious of the situation, but the security agencies should follow the law.

The petitioner stated that his brother had been missing since Nov 28, 2009, after he was taken into custody in Hangu.

In another writ petition filed by a woman, Ms Nazia, challenging illegal detention of her husband, Gohar Ali, the bench deputed a bailiff to raid the premises where the petitioner suspected the presence of her husband.

Her minor daughter, Nadra, who also remained missing for many months and later on police showed that she was arrested in connection with a case of carrying explosive substance, appeared before the court and stated that she was taken away along with her father.

The girl pointed towards a deputy superintendent of police, Shahnawaz Khan, that he was present along with the raiding tem which had picked them from their residence in the jurisdiction of Yakatoth police station.

She alleged that they were tortured by the police in custody.

The DSP denied her charges stating that they had neither arrested them nor were aware regarding the whereabouts of the detainee.

The DSP was directed by the court to remain inside the courtroom till the return of the bailiff. Till rising of the court the bailiff had not returned and the court adjourned hearing to next date.

Meanwhile, another bench of the court comprising Chief Justice Ejaz Afzal Khan and Justice Yahya Afridi disposed of a writ petition challenging alleged illegal detention of two persons, Mohammad Ibrahim and Samiullah, as all the respondents had denied they had taken the detainees into custody.

The Judge Advocate General branch of Pakistan Army had expressed ignorance about them few months ago whereas the ministries of interior and defence have also stated that none of the agencies under their supervision arrested them.

The petitioners' counsel Mian Muhibullah Kakakhel stated that people had attached a lot of hopes to the superior courts, but if the courts could not provide them justice in such like cases then why people should come here.

He regretted that the cantonment area had turned into a “no go area” for the citizens, but nobody could question the authorities concerned.

The two alleged detainees were picked up by the security agencies from Hayatabad Township on Sept 19, 2009 and since then they remained incommunicado.