Missing persons cases: Officers not below Lt-Col rank asked to file affidavits

PESHAWAR, March 29: The high court on Tuesday directed the Ministry of Defence that in cases of missing persons the affidavits of security agencies should be submitted by an officer not below the rank of a lieutenant colonel. A two-member bench comprising Justice Dost Muhammad Khan and Justice Yahya Afridi observed that in such cases the affidavits were being filed by some low ranking officials, which was not appropriate. The bench observed that in future an officer not below the rank of a lieutenant colonel should submit affidavits so that he could be held accountable in case of any wrong statement. The court was hearing a habeas corpus petition filed by a female, Khana Bibi, challenging the alleged illegal detention of her husband, Mohammad Akram, by the security forces for the last 20 months. Advocate Ziaur Rehman Tajik appeared for the petitioner and contended that the detainee was resident of Zarkhela area in Swat district and was taken into cu stody by the security forces along with a friend, Sher Muhammad, on July 26, 2009. He stated that the second detainee was later set free and the vehicle of Mr Akram was also handed over to his father, Ghulam Haider. Ghulam Haider submitted that he had lost his eyesight in the absence of his son. The detainee has eight sisters and six daughters and it has now become difficult for the family to make the both ends meet. The state counsel, Jamil Warsak, stated that the Ministry of Defence had claimed that it had received information from the Military Intelligence and the detainee was not in their custody. He added that the ministry had now contacted the Inter Services Intelligence (ISI) in this regard. He added that comments had also been filed on behalf of the said ministry. The bench expressed dissatisfaction over the comments observing that affidavits along with the comments should be filed by official not below the rank of lieutenant colonel. Meanwhil e, another bench of the high court comprising Chief Justice Ejaz Afzal Khan and Justice Mazhar Alam Miankhel disposed of two writ petitions against disappearance of six persons, as all the security agencies expressed ignorance about them.One of the petitions was filed by Syed Amir Faisal, challenging the disappearance of five of his relatives stating that they were arrested from Matani area around two years ago. The second petition was filed by a resident of Swat, Akber Ghani, challenging the detention of his son, Said Ghani. He alleged that his son was taken into custody around a year ago by the security forces. Similarly, another petition challenging the detention of a resident of Darra Adamkhel, Farman Khan, was disposed of as he was set free by his captors five days ago.