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One-third of missing person complaints disposed of

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PESHAWAR: The Commission of Inquiry on Enforced Disappearances has so far disposed of 657 of a total of 1,948 complaints about missing persons, the Peshawar High Court was told on Thursday.

Additional attorney general Syed Attique Shah told Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain that 209 people had filed complaints with the two-member commission in Islamabad last month.

He said several applicants had filed petitions with the commission, the Supreme Court and the Peshawar High Court simultaneously.

The bench asked Mr Shah to produce a detailed report on the enforced disappearance cases pending with different forums simultaneously to ensure early disposal.

Additional advocate general representing the provincial government Mian Arshad Jan also said he would submit a report on the pendency of enforced disappearance cases and that such cases should not remain pending with more than one forum.

The bench was hearing around 52 petitions on enforced disappearances.

During the hearing, the chief justice observed that the court had received information that the people had been kept in subhuman conditions in different internment centres.

He said some internees were reportedly to have infected wounds.

The chief justice observed that action should be taken against criminals but the court won’t allow the authorities to keep persons in detention for indefinite period in inhuman conditions.

In the case, the federal government was represented by Attique Shah and deputy attorneys general Kifayatullah Khan and Manzoor Khalil, while deputy secretary Safeer Hussain and retired wing commander Mohammad Irfan defended the interior and defence ministries respectively.

Syed Attique Shah said in some cases of enforced disappearances, the defence ministry had expressed ignorance and filed affidavits in this regard.

The deputy secretary said he had so far no information on behalf of the interior ministry in such cases and had received details of the cases and would let the court inform about progress in them.

In some fresh enforced disappearance cases, the bench issued notices to the defence and interior secretaries and the provincial home secretary asking them to clarify their position and inform it about the whereabouts of the alleged detainees.

It also directed the Bannu commissioner to produce findings of the oversight boards about the people kept at internment centres in the division.

The Frontier Corps inspector general was told to explain position on the alleged illegal detention of Talib Jan at Landi Kotal Fort in Khyber Agency.

In another case regarding the disappearance of cloth merchant Khalid Mahmood from Hangu district in 2009, the bench directed the district police officer of Hangu to appear before the court along with the relevant record in the case.

The petition is filed by Haji Mir Rehman, father of the detainee.

Also, the bench disposed of Hussan Zeba’s petition regarding illegal detention of her son.

A relevant official said police had arrested the man under the Anti-Terrorism Act and that he had not been missing.

The bench adjourned hearing into the said cases until June 11.

Published in Dawn, May 16th, 2014


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