Missing persons cases: PHC CJ questions picking up citizens from outside prisons

PESHAWAR: Peshawar High Court (PHC) Acting Chief Justice Ishtiaq Ibrahim on Monday said an officer junior to the rank of deputy secretary should not appear in his court in the cases of missing persons.

Heading a single bench, he remarked that under what law a citizen was picked up from outside a prison after being released. The acting chief justice said that if the police could not conduct an inquiry then the court would task a magistrate to do so.

The bench was hearing the cases of the seven missing persons. Jannat Shah, Miss Asma, Gulalai Alkozi, Samina Zubair and others had filed the petitions. Deputy Attorney General Sanaullah, the additional advocate general, and officials of the Defence Ministry appeared before the bench.

Chief Justice Ishtiaq Ibrahim said the high court had settled the principle for re-arresting a person in the Asad Qaiser Case. He said that an accused arrested in one case would be considered arrested in all cases.

He said the court decisions should be implemented in such cases. He remarked that whether a citizen could be picked up from outside a prison after he was released. He asked if such things happened in a civilized society.

The chief justice said that an officer junior to the rank of a deputy secretary should not appear in his court in the cases of the missing persons.The lawyers appearing for the petitioners told the court the policemen could be seen arresting their clients in the videos. They said that action should be taken against the cops.The chief justice remarked that if the police could not conduct the inquiry, the court would assign task to a magistrate.