PHC orders production of missing persons

PESHAWAR: A three-member larger bench of the Peshawar High Court (PHC) on Friday issued directives to the attorney general of Pakistan, secretary interior, and the Khyber Pakhtunkhwa inspector general of police to produce five missing persons from Hayatabad and a woman named Safia, who has reportedly disappeared, in court on the next hearing.

The bench directed the formation of a full court under the chief justice to hear these petitions on May 5 to resolve the issue.The court declared the police report in the case of missing woman Safia as unsatisfactory. During proceedings, Justice Ijaz Anwar remarked, “There is no rule of law here. Are we to humiliate our people to please others? This practice must stop-arresting people first and registering FIRs later.”

Justice Syed Arshad Ali said: “Then we will summon the prime minister and the attorney general. A larger bench will be formed; a full court will hear the matter. If citizens have been detained, there must be a legal justification.”Justice Sahibzada Asadullah, another member of the bench, warned the advocate general, “Fear the day when your own people stand here and say our AG is missing-recover him!”The hearing was conducted by Justices Ijaz Anwar, Syed Arshad Ali, and Sahibzada Asadullah.

Petitioners’ counsels Ameenur Rehman, Yaseen Alvi, and Fida Gul appeared in court, along with KP Advocate General Shah Faisal Uthmankhel, Additional Attorney General Sanaullah, and Peshawar Capital City Police Officer Qasim Ali Khan.

Petitioners’ counsels informed the court that police, led by the SHO of Hayatabad Police Station, raided their clients’ house with a heavy force on April 27 in connection with the disappearance of a woman who had arrived from Oman, and detained five individuals. Despite previous court orders, the individuals have not been produced. Police now claim they are not in custody. When questioned by Justice Ijaz Anwar, the CCPO stated the individuals were not in police custody and had been released on bail under Section 107.

Justice Sahibzada Asadullah termed the police action “malicious.” Justice Anwar said the court would summon the IGP and directed him to present the detainees within an hour, temporarily adjourning the hearing.

Upon resumption, the CCPO stated that the woman from Oman had gone missing after arriving in Lahore and later traveling to Peshawar, and that her belongings were found in the petitioners’ house.

The advocate general confirmed this and said those arrested had been released on bail. Justice Anwar questioned the legal grounds for arresting the woman’s relatives and noted that the court had not stopped the filing of an FIR. Justice Arshad Ali questioned, “Who told you not to register an FIR?” while Justice Asadullah expressed dissatisfaction with the AG’s explanation.

Justice Anwar warned that the court’s orders had been violated and threatened contempt proceedings against the CCPO and IGP if the individuals were not produced. “Educated and respectable people are not safe-how will others be protected?” he remarked.

During another break in proceedings, PHC Bar Association President Ameenur Rehman Advocate told the court that discussions were underway. Fida Gul Advocate requested the withdrawal of the petition, promising that the detained persons would return.

Justice Asadullah responded, “Then bring them back, and we’ll dispose of the petition.” Justice Anwar, however, objected: “What does this mean? Are our courts so powerless now?”He added that it had become routine for cases to be withdrawn only for missing persons to be returned afterward. “If this continues, people will stop coming to the courts.”

Justice Asadullah pointed out the contradiction in earlier statements, saying, “In the morning, you claimed you didn’t have them; now you say you’ll release them.”Justice Anwar told the additional attorney general: “This implies the persons are with you.” Sanaullah replied that the Intelligence Bureau reports to the prime minister. Justice Arshad Ali then remarked, “Then we will summon the PM and the AG. A full court will hear the matter. If people are detained, there must be a legal basis.” The AG stated that the missing woman, who came from abroad, must be recovered. Justice Anwar reiterated the court’s concern over arbitrary detentions and said, “If no accusation exists, how can someone be arrested?”

The court ordered that the missing individuals must either be released or FIRs should be registered. Failing that, relevant federal officials will be summoned.Later, the AG informed the court that FIRs were being registered, but reiterated that the individuals were not in government custody. Justice Anwar responded, “You must stop this practice of arresting first and registering FIRs later. You’ve yet to prove in court how the woman is involved in any case or where she is.”