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Published 20 Oct, 2011 12:22am

Habeas corpus cases: PHC seeks record of men in KP govt custody

PESHAWAR, Oct 19: The Peshawar High Court on Wednesday directed the federal government to inform it about the number of persons shifted from the custody of security forces to that of the provincial government under a new law.

During the hearing into different habeas corpus petitions related to missing persons, a bench comprising Chief Justice Ejaz Afzal Khan and Justice Yahya Afridi observed that on the last hearing, deputy attorney general (DAG) Iqbal Mohmand had assured it that people in the custody of intelligence agencies and law-enforcement agencies would be shifted to the notified internment centres but regrettably, no information about it had been produced in the court.

During the last hearing into a petition filed by Amna Lateef, DAG had informed the court that the federal and provincial governments had already notified some detention facilities as internment centres under the Action (in Aid of Civil Power) Regulation-2011 for Fata and Pata. He had sought 15 days time on September 29, saying whereabouts of several missing persons would be known once they were handed over to the provincial government under the said law.

The court had directed him to provide lists of the detainees after their shifting to the internment centres.

However, when the bench resumed hearing into the case, DAG was absent from the court and in his place, a lawyer showed up on behalf of the federal government. And when the bench asked him about the commitment of DAG, he said he was unfamiliar with the cases and needed time for contacting the relevant quarters on it.

Ms Amna, a resident of Tank district, has challenged the detention of her husband and brother, saying security forces raided their house on July 17, 2009 in over two dozens vehicles and took away her husband Abdul Lateef and her brother Abdul Malik.However, the lawyer of the state said security forces had denied the detention of the two.

The petitioner appeared in person and said everybody in the village had seen her husband and brother being taken away by security forces.

The bench later fixed the next hearing for November 17 while directing the state lawyer to inform it about the custody of the detainees.

Similarly, the bench adjourned hearing into another petition challenging alleged detention of a person by security forces after the counsel for the state sought time for contacting the defence and interior ministries about the case.

The petition is filed by Ikramullah Khattak, cousin of Jamal Abdul Tahir, an alleged missing person whose wife and son appeared before the court and said the detainee, a resident of Defence Colony in Peshawar, was picked up by security forces on June 29.During the hearing into another petition filed by a resident of Hangu district, Khan Baz, against the detention of his son, Meena Baz, the interior ministry denied that the detainee was in the custody of agencies.

The lawyer of the state sought more time from the court for contacting the defence ministry for response to the petition in which it is stated that Mr Baz was picked up by security forces on September 13, 2010 and had been missing since.

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