Habeas corpus case disposed of as detainee returns homeArchive
PESHAWAR: The Peshawar High Court on Tuesday disposed of a habeas corpus petition challenging the alleged illegal detention of a sixth grader by the law-enforcement agencies after learning about the recent release of the detainee.
A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaisar observed that as the detainee, Ismail Khan, had already returned home, the petition had become infructuous.
The petition was filed by the detainee’s father, Usman Khan, who said his son, a sixth-grade student at Sahara Public School, Bakshu Pull, Peshawar, was taken away by a team comprising policemen, Elite Force and plainclothesmen on Sept 27, 2014. The petitioner claimed that the whereabouts of his son were not known and that the local police had expressed ignorance about him.
He claimed the relevant authorities didn’t inform him about under what charges his son had been taken into custody. When the bench took up for hearing the case, the petitioner’s lawyer, Mohim Khan Afridi, said the detainee was set free around a month ago.
He, however, said the detainee didn’t disclose in whose custody he was and where he was kept.
NOTICES ISSUED: The bench issued notices to different respondents including the interior and defence ministers, provincial home department and police high-ups in three petitions against the alleged illegal detention of three relatives of Ismail Khan.
Advocate Mohim Afridi said the three detainees, including Naqeebullah, Aman Khan and Amjid, were arrested by the law enforcement agencies on Oct 1, 2014, and since then, their whereabouts had been unknown. He said detainee Naqeebullah was a rickshaw driver, whereas Aman Khan was a labourer in Saudi Arabia, who had come home on leave.
The bench fixed for Oct 13 the next hearing into the petition with the direction to respondents to explain their respective positions.
Moreover, the bench disposed of another habeas corpus petition when it was informed that the detainee in the said case, Abdul Hakeem, was kept at an internment centre.
The petition against disappearance of Abdul Hakeem was filed by one of his relatives, Sabeeullah.
A deputy attorney general, Manzoor Khalil, and an additional advocate general, Qaiser Ali Shah, informed the bench that the concerned oversight board had look into his case and had placed him in the category ‘black’ which meant that he was a hardened militant.
TREATMENT OF INTERNEE ORDERED: The bench also directed the relevant medical officer of Ghalanai internment centre, Mohmand Agency, to provide the best available treatment to internee Umar Said for hepatitis C and blood pressure.
The court issued the order in a petition filed by a relative of the internee named Abdullah Khan, who claimed that Umar Said had been suffering from multiple diseases including Hepatitis C but he had not been provided proper medical treatment inside the internment centre.
He requested the bench to issue directives to the concerned authorities for providing treatment to the internee at a proper medical facility outside the centre.
Published in Dawn, September 9th, 2015
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