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Khyber Pakhtunkhwa
Court Proceedings:2013
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Date
Incidents
January - 2 
A single-member Peshawar High Court bench directed the Provincial Government to raise money from philanthropists for safe release of eight Water and Power Development Authority workers abducted over four months back. The WAPDA workers were abducted by militants on August 15 when they were on the way
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A single-member Peshawar High Court bench directed the Provincial Government to raise money from philanthropists for safe release of eight Water and Power Development Authority workers abducted over four months back. The WAPDA workers were abducted by militants on August 15 when they were on the way to Tank District from the dam site in South Waziristan Agency of FATA. The abductors have demanded PKR 150 million ransom. At the same time, the court asked the families of the abductees not to protest, observing that the act may threaten the life of their members. While issuing these directions, Chief Justice Dost Mohammad Khan gave another week to the Government for the safe recovery of the WAPDA workers associated with Gomal Zam dam project, and adjourned hearing to January 10.
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January - 22 
A two-member bench of Peshawar High Court (PHC) took exception to the killing of two ‘missing persons’ and summoned Khyber Pakhtunkhwa Provincial Police Officer along with several other officials, directing them to explain as to why they failed to trace out the culprits involved in the incidents. Th
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A two-member bench of Peshawar High Court (PHC) took exception to the killing of two ‘missing persons’ and summoned Khyber Pakhtunkhwa Provincial Police Officer along with several other officials, directing them to explain as to why they failed to trace out the culprits involved in the incidents. The bench comprising PHC Chief Justice Dost Mohammad Khan and Justice Irshad Qaiser also put on notice the principal secretary to the prime minister and federal finance secretary, asking them to submit reply and explain as to why a poor woman whose missing son was allegedly killed in custody should not be provided with appropriate compensation not less than blood money. The bench was hearing over 270 habeas corpus petitions related to ‘missing persons’. The bench fixed February 14 for next hearing after persistent requests made by the DAG and AAG.
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February - 14 
KP Government on February 14 informed the Peshawar High Court that provincial authorities recently moved about 100 detainees to internment centres, reports Central Asia Online. The suspects had been in army custody since it arrested them in the Swat and Malakand Districts during the 2009 counter-ins
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KP Government on February 14 informed the Peshawar High Court that provincial authorities recently moved about 100 detainees to internment centres, reports Central Asia Online. The suspects had been in army custody since it arrested them in the Swat and Malakand Districts during the 2009 counter-insurgency offensive. A bench comprising Chief Justice Dost Mohammad Khan and Justice Waqar Ahmad Seth learned that KP shifted 70 detainees to an internment centre in Lakki Marwat, while it moved 15 others to the centre in Kohat, Provincial Home Secretary Azam Khan said. Another two were sent to an internment centre set up at Fort Slop in Khyber Agency (FATA).
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March - 27 
As many as 633 missing persons, including 279 from Khyber Pakhtunkhwa, remain to be traced, according to a report submitted in the Supreme Court on March 27, reports The Express Tribune. Of the remaining missing persons, 148 are from Punjab, while 100 are from Sindh, 48 from Balochistan, 26 from FAT
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As many as 633 missing persons, including 279 from Khyber Pakhtunkhwa, remain to be traced, according to a report submitted in the Supreme Court on March 27, reports The Express Tribune. Of the remaining missing persons, 148 are from Punjab, while 100 are from Sindh, 48 from Balochistan, 26 from FATA, 20 from Islamabad Capital Territory, 11 from Azad Kashmir and one from Gilgit Baltistan. The updated report on the status of missing persons was submitted by the Commission of Inquiry on Enforced Disappearances to a two-judge bench, headed by Justice Jawad S Khawaja. The commission also reported that it was handed over 138 cases of missing persons in December 2010 and, so far, it has received 873 new cases of missing persons from all over the country. The total number of cases they have handled thus far is 1,011. Out of these, the commission has traced 316 persons and deleted 47 names from the list, due to lack of details. Another 15 names were omitted because of other reasons.
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April - 30 
Former President General Pervez Musharraf's plans to stage a political comeback were virtually sealed on April 30 after the Peshawar high court banned him from contesting polls for life while another court remanded him in judicial custody till three days after the May 11 parliamentary polls, reports
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Former President General Pervez Musharraf's plans to stage a political comeback were virtually sealed on April 30 after the Peshawar high court banned him from contesting polls for life while another court remanded him in judicial custody till three days after the May 11 parliamentary polls, reports Times of India. The high court's ruling came on an appeal by the former President who had challenged the rejection of his nomination papers for the national assembly seat in the north-western hill-station of Chitral. "Since Musharraf had abrogated the Constitution twice, he could not be allowed to contest elections for either the National Assembly or Senate," the four-member bench, headed by chief justice of the high court justice Dost Muhammad Khan, said while dismissing his plea.
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May - 9 
The Peshawar High Court on May 9 ordered that drones entering Pakistani airspace be shot down, reports Daily Times. In its detailed verdict about drone attacks, the court has said they constitute a violation of international law and the basic human rights and also violate the territorial sovereignty
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The Peshawar High Court on May 9 ordered that drones entering Pakistani airspace be shot down, reports Daily Times. In its detailed verdict about drone attacks, the court has said they constitute a violation of international law and the basic human rights and also violate the territorial sovereignty of Pakistan. The court directed the Government to stop drone strikes and contact the International War Crimes Tribunal (IWCT) over the issue. A two-member bench of the PHC headed by Chief Justice Dost Muhammad heard the case against the CIA-led drone strikes in Pakistan. Justice Dost Muhammad said drone attacks should be declared a war crime and issued wide-ranging directives to the Federal Government and Security Forces to ensure halt to such attacks and that included the raising of the issue at the UN Security Council and the General Assembly. “The drone strikes carried out in the tribal areas (FATA), particularly North and South Waziristan, by CIA and the US authorities, are blatant violation of basic human rights and are against the UN Charter, the UN General Assembly resolution adopted unanimously, the provision of Geneva Conventions and thus, it is held to be a war crime cognizable by the International Court of Justice or Special Tribunal for War Crimes constituted or to be constituted by the UNO for this purpose,” the court ruled.
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May - 22 
Pakistan Muslim League-Nawaz (PML-N) chief and prime minister-designate Nawaz Sharif’s talks offer to the Tehreek-e-Taliban Pakistan (TTP) was challenged in the Peshawar High Court on May 22, reports The News. A freelance journalist Shahid Orakzai filed a writ petition in which he called the Prime M
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Pakistan Muslim League-Nawaz (PML-N) chief and prime minister-designate Nawaz Sharif’s talks offer to the Tehreek-e-Taliban Pakistan (TTP) was challenged in the Peshawar High Court on May 22, reports The News. A freelance journalist Shahid Orakzai filed a writ petition in which he called the Prime Minister-designate’s talk’s offer before taking oath of his office an unlawful and unconstitutional.
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May - 23 
An Anti-Terrorism Court (ATC) awarded life imprisonment to a doctor of the Peshawar Central Prison and head constable of regular Police on charges of helping two under-trial TTP ‘commanders’ escape from the Police custody and killing of three Policemen in a militant attack, reports The News. ATC jud
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An Anti-Terrorism Court (ATC) awarded life imprisonment to a doctor of the Peshawar Central Prison and head constable of regular Police on charges of helping two under-trial TTP ‘commanders’ escape from the Police custody and killing of three Policemen in a militant attack, reports The News. ATC judge Anwar Hussain announced life sentence to a dentist of the prison Dr Iftikhar and Head Constable Ilyas Khan on three counts, while acquitting Constable Ahad Jan. Dr Iftikhar posted at the Central Prison Peshawar as dentist was charged in the case as he referred the two militants to the Khyber College of Dentistry (KCD) on August 12, 2011.
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June - 4 
Peshawar High Court (PHC) Chief Justice Dost Mohammad Khan on June 4 observed that in the present security situation and after the passage of 18th Amendment, law and order was provincial subject and the Act dealing with the Frontier Constabulary was apparently now a dead law, reports Dawn. Heading a
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Peshawar High Court (PHC) Chief Justice Dost Mohammad Khan on June 4 observed that in the present security situation and after the passage of 18th Amendment, law and order was provincial subject and the Act dealing with the Frontier Constabulary was apparently now a dead law, reports Dawn. Heading a two-member bench the PHC Chief Justice observed that now it was up to the Attorney General (AG) for Pakistan to come and assist the court on what grounds the Frontier Constabulary could be deployed in rest of the country apart from Khyber Pakhtunkhwa. The bench observed that times had changed now as there were important cases related to the federation before the superior courts and now there should be an AG for each of the provinces. The Chief Justice recalled that despite issuance of notices in several cases the AG did not turn up as there were important cases before the apex court. The bench observed when the British Government had set up Frontier Constabulary Act 1915 and declared its headquarters in Peshawar which clearly manifested their intention that the force was meant for the areas between Khyber Pakhtunkhwa and Federally Administered Tribal Areas (FATA). The PHC Chief Justice observed that in present security situation and after 18th Amendment maintenance of law and order was exclusive domain of Provincial Government, therefore the Frontier Constabulary Act appeared to be a dead law.
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July - 3 
The Peshawar High Court was informed that the Federal Government had released PKR 500,000 for payment of compensation to an old woman, whose only son was allegedly picked up by intelligence agencies being killed and dumped by the Peshawar-Islamabad Motorway. Deputy Attorney General Mohammad Iqbal Mo
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The Peshawar High Court was informed that the Federal Government had released PKR 500,000 for payment of compensation to an old woman, whose only son was allegedly picked up by intelligence agencies being killed and dumped by the Peshawar-Islamabad Motorway. Deputy Attorney General Mohammad Iqbal Mohmand told a bench comprising Chief Justice Dost Mohammad Khan and Justice Qaiser Rasheed that the Federal Finance Division had released the amount of compensation and the cheque would be issued by Accountant General Pakistan Revenue (AGPR) in the next few days. In the meantime, the ruling Pakistan Tehreek-i-Insaf (PTI) and its coalition partners backtracked on their statements to table a resolution in Khyber Pakhtunkhwa Assembly against the US drone strikes in tribal areas as the budget session was prorogued. PTI and its allies, including Jamaat-i-Islami, Qaumi Watan Party and Awami Jamhoori Ittehad Pakistan, had submitted a joint resolution against the drone attacks to the assembly secretariat before the start of the budget session. The resolution stated that drone strikes inside Pakistan territory were in violation of sovereignty of the country, international law and demanded of the Federal Government to take necessary measures to halt these attacks and those civilians were killed in those strikes.
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July - 9 
The Supreme Court was informed that 514 people were under detention in five internment centres set up in Khyber Pakhtunkhwa under the Action in Aid of Civil Power Regulations 2011 which allows the civil Government to confine persons accused of terrorism, reports Dawn. A three-judge bench headed by J
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The Supreme Court was informed that 514 people were under detention in five internment centres set up in Khyber Pakhtunkhwa under the Action in Aid of Civil Power Regulations 2011 which allows the civil Government to confine persons accused of terrorism, reports Dawn. A three-judge bench headed by Justice Jawwad S. Khawaja which had taken up cases of missing persons ordered the Attorney General’s office to inform it on July 10 about details and the status of pending cases of disappeared persons provided by Amina Masood Janjua, a campaigner for missing persons’ cause, and the Commission of Inquiry on Enforced Disappearances.
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July - 23 
Justice Mazhar Alam Miankhel of Peshawar High Court (PHC) observed on July 23 that bodies of missing persons were found when the courts put pressure on the intelligence agencies for their safe release, reports The News. The PHC senior judge passed these remarks after Additional Advocate General Mali
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Justice Mazhar Alam Miankhel of Peshawar High Court (PHC) observed on July 23 that bodies of missing persons were found when the courts put pressure on the intelligence agencies for their safe release, reports The News. The PHC senior judge passed these remarks after Additional Advocate General Malik Mujtaba informed a division bench during hearing into the missing persons’ cases that a few days back body of another missing person Sardar Ali was found in the Karak District. The division bench comprising Justice Mazhar Alam Miankhel and Justice Musarrat Hilali was hearing the case of 248 missing persons.
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August - 26 
A two-member special bench of the Peshawar High Court (PHC), comprising of Chief Justice Dost Mohammad Khan and Justice Manzoor August 26 ordered re-polling at those polling stations in Nowshera (NA-5) and Lakki Marwat (NA-27 ) constituencies where women were barred from casting their votes during t
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A two-member special bench of the Peshawar High Court (PHC), comprising of Chief Justice Dost Mohammad Khan and Justice Manzoor August 26 ordered re-polling at those polling stations in Nowshera (NA-5) and Lakki Marwat (NA-27 ) constituencies where women were barred from casting their votes during the by-polls held last week, reported Dawn.
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September - 16 
The Supreme Court on September 16 said that peace in Balochistan could not be restored unless the borders are protected and fenced, reports Daily Times. “Our neighbouring countries have been working to fence their side of border, but we have left our porous borders (open) for the smuggling of weapon
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The Supreme Court on September 16 said that peace in Balochistan could not be restored unless the borders are protected and fenced, reports Daily Times. “Our neighbouring countries have been working to fence their side of border, but we have left our porous borders (open) for the smuggling of weapons which is the main cause of grim law and order situation in Balochistan, Khyber Pakhtunkhwa and Karachi,” the Chief Justice Iftikhar Muhammad Chaudhry remarked while hearing the law and order case in Quetta Registry of Supreme Court.
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September - 17 
The Peshawar High Court on September 17 stopped the Khyber Pakhtunkhwa Government from withdrawing Army from Malakand, Swat and Dir divisions, reports Daily Times. PHC’s Chief Justice Dost Muhammad Khan noted that Army has been deployed in these areas for many years to restore peace, and its withdra
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The Peshawar High Court on September 17 stopped the Khyber Pakhtunkhwa Government from withdrawing Army from Malakand, Swat and Dir divisions, reports Daily Times. PHC’s Chief Justice Dost Muhammad Khan noted that Army has been deployed in these areas for many years to restore peace, and its withdrawal would create a vacuum there. He said that the Khyber Pakhtunkhwa Government could face trouble if terrorists came back to these areas. The court ordered the Provincial Government to consult the Federal Ministry of Interior and Army and take them into confidence to maintain law and order in the areas of the province that had suffered from terrorism in the past.
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September - 18 
Random amendments in laws can be very dangerous for the country, said Peshawar High Court (PHC) Chief Justice (CJ) Dost Muhammad Khan in light of the Government’s plans to make changes in the anti-terrorism act, The Express Tribune reports on September 19. The CJ went on to point out the Government
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Random amendments in laws can be very dangerous for the country, said Peshawar High Court (PHC) Chief Justice (CJ) Dost Muhammad Khan in light of the Government’s plans to make changes in the anti-terrorism act, The Express Tribune reports on September 19. The CJ went on to point out the Government should not make any amendments which can end up providing cover to terrorists as terrorism had taken up deep roots in the country, causing three generations to suffer.
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September - 18 
The Peshawar High Court (PHC) on September 18 was informed three previously ‘missing’ persons have been identified and shifted to internment centres, while seven others have been released, reports The Express Tribune. Major Ali from the Ministry of Defence, Major Muhammad Ayaz of the Frontier Consta
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The Peshawar High Court (PHC) on September 18 was informed three previously ‘missing’ persons have been identified and shifted to internment centres, while seven others have been released, reports The Express Tribune. Major Ali from the Ministry of Defence, Major Muhammad Ayaz of the Frontier Constabulary, Additional Advocate General Waqar Ahmad Khan and Farooq Shah represented the Government in front of a two-member bench comprising PHC Chief Justice Dost Muhammad Khan and Justice Nisar Hussain. The representatives added that in addition to the released and identified persons, ground work was being laid to identify the other missing persons. The bench, however, rejected the report presented by the Ministry of Defence. It told both lawyers the matter needed to be taken up with the General Headquarters (GHQ) to ascertain whether people were in detention without any charges, adding those who are suspected to be guilty should be tried under the law. Further, the PHC issued notices to a brigadier, two majors and a retired colonel of the Pakistan Army’s Abbottabad Medical Record Wing (MRW) over the arrest of a Lance Naik in the same department. A PHC divisional bench comprising Chief Justice Dost Muhammad Khan and Justice Nisar Hussain were informed by petitioner Maimona Javed’s counsel Advocate Ghulam Nabi that Maimona’s husband Muhammad Javed had been kept in quarter guard since August 5, 2011. A quarter guard is a small lock up where soldiers charged with minor crimes are held.
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September - 24 
The Peshawar High Court declared on September 24 that cell phone companies would have to pay compensation equal to the Diyat (compensation paid to the heirs of a victim) amount to those killed in bomb blasts if their unregistered SIMs were used in the blasts, reports The News. During hearing into a
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The Peshawar High Court declared on September 24 that cell phone companies would have to pay compensation equal to the Diyat (compensation paid to the heirs of a victim) amount to those killed in bomb blasts if their unregistered SIMs were used in the blasts, reports The News. During hearing into a suo moto notice on the use of unregistered SIMs, a division bench comprising Chief Justice Dost Muhammad Khan and Justice Qaiser Rashid Khan declared that cell phone companies would pay compensation equal to the amount of Arsh (Pre-specified Compensation) and Damaan (Compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh) to the injured persons of bomb blasts in which their unregistered SIMs were used. The bench directed the Federal Government to draft a bill on strict laws against the illegal sale of SIMs in the country and propose stringent laws against the violators to end the sale of unregistered and illegal SIMs.
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October - 3 
Elsewhere, the Peshawar High Court on October 3 directed the Pakistan Telecommunication Authority (PTA) to end the roaming service provided to Afghan cellphone companies in the country within a fortnight, observing that SIM (subscriber identity module) cards of Afghan companies had been used in the
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Elsewhere, the Peshawar High Court on October 3 directed the Pakistan Telecommunication Authority (PTA) to end the roaming service provided to Afghan cellphone companies in the country within a fortnight, observing that SIM (subscriber identity module) cards of Afghan companies had been used in the most cases of terrorism and kidnapping for ransom, reports Dawn. A bench comprising Chief Justice Dost Mohammad Khan and Justice Malik Manzoor Hussain also took exception to the absence of the chief executives of the country’s all cellphone companies despite issuance of the notice and issued their bailable arrest warrants. It also directed them to produce two surety bonds valuing PKR 500, 000 each. The Chief Justice had taken suo motu notice of the issue of unregistered SIM cards over an application submitted to the court by PHC Bar Association President Ishtiaq Ibrahim.
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October - 14 
Meanwhile, Peshawar High Court Chief Justice Dost Muhammad Khan on October 14 said many criminal gangs were involved in extortion and were using the name of TTP for cover, reports The Express Tribune. During the hearing of a bail application of a man accused of extorting money from a doctor, Justice
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Meanwhile, Peshawar High Court Chief Justice Dost Muhammad Khan on October 14 said many criminal gangs were involved in extortion and were using the name of TTP for cover, reports The Express Tribune. During the hearing of a bail application of a man accused of extorting money from a doctor, Justice Khan said the gangs were sending letters to people using Taliban’s name and collecting millions of rupees as a result. The accused, Nadeem Hussain, was arrested after he reportedly dropped a letter at a doctor’s clinic in Shawa Adda area of Swabi District, asking for PKR five million. The letter also threatened the doctor of serious consequences if he reported it to the Police.
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October - 23 
Dawn reported on October 24 that over 40,000 cellphone SIM cards of Afghan telecom companies are operational in Pakistan and most of them are used in acts of terrorism, kidnapping for ransom and extortion. The information was placed before a Peshawar High Court bench by National Accountability Burea
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Dawn reported on October 24 that over 40,000 cellphone SIM cards of Afghan telecom companies are operational in Pakistan and most of them are used in acts of terrorism, kidnapping for ransom and extortion. The information was placed before a Peshawar High Court bench by National Accountability Bureau, KP during the hearing into a case about unregistered SIM cards. Before Chief Justice Dost Mohammad Khan and Justice Asadullah Khan Chamkani, NAB Deputy Prosecutor General Jamil Khan produced initial report of the inquiry done on the court’s orders into unregistered SIM cards of Afghan cellphone companies.
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December - 1 
Doctor Shakil Afridi, who helped the Central Investigation Agency (CIA) find slain al Qaeda leader Osama bin Laden, on December 1 demanded better conditions in prison and complained of being falsely implicated in a treason case, reported The Express Tribune quoting his lawyer Samiullah Afridi. He wa
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Doctor Shakil Afridi, who helped the Central Investigation Agency (CIA) find slain al Qaeda leader Osama bin Laden, on December 1 demanded better conditions in prison and complained of being falsely implicated in a treason case, reported The Express Tribune quoting his lawyer Samiullah Afridi. He was initially sentenced to 33 years in jail and given a fine, but a court in Peshawar overturned his sentence in August, 2013 and ordered a retrial. “I am perhaps the first Pakistani who has been denied access to his lawyer. What kind of justice is this?” he asked in a letter.
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December - 2 
The Acting Defence Secretary, Major General (retired) Raja Arif Nazir, informed the country’s highest court on December 2 about the death of two of the 35 detainees the court had ordered to be produced, reports Dawn. He said that Sardar Ali had died on December 29, 2012 and Nadir Khan on July 1, 20
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The Acting Defence Secretary, Major General (retired) Raja Arif Nazir, informed the country’s highest court on December 2 about the death of two of the 35 detainees the court had ordered to be produced, reports Dawn. He said that Sardar Ali had died on December 29, 2012 and Nadir Khan on July 1, 2013 at the Lakki Marwat Internment Centre inside the Malakand Garrison. They died of natural causes and the bodies had been handed over to their families in accordance with the procedure, he said, adding that the whereabouts of the other 33 were being ascertained. But the court said the death of the two detainees was evidence suggesting that the rest were also in the custody of intelligence agencies. The revelation has given an entirely new, and more disturbing, dimension to the issue of missing persons as for the first time the Government has accepted that some of those reported missing for years were not only in the custody of armed forces, at least a couple of them have died in detention under unexplained circumstances. The Supreme Court said it was a “custodial killing” for which the Agencies concerned would be held responsible. The internees, along with one Yasin Shah, were to be produced before a three-judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S. Khawaja and Justice Amir Hani Muslim. It ordered Defence Minister Khawaja Asif, who was present in the court, to ensure production of the 33 persons on December 3, 2013 positively without any excuse. Otherwise, it warned, the law would take its own course. The
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December - 10 
After nearly eight years of a myriad of missing persons’ cases filed in the apex and high courts, a long-awaited judgment was passed by the Supreme Court on December 10, officially declaring prolonged and unannounced detention by Security Forces and intelligence outfits illegal, reports The Express
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After nearly eight years of a myriad of missing persons’ cases filed in the apex and high courts, a long-awaited judgment was passed by the Supreme Court on December 10, officially declaring prolonged and unannounced detention by Security Forces and intelligence outfits illegal, reports The Express Tribune. The three-judge bench, led by Chief Justice Iftikhar Muhammad Chaudhry, ordered Prime Minister Nawaz Sharif as well as the Governor and Chief Minister of Khyber-Pakhtunkhwa to ensure the recovery of the missing persons in seven days and submit a report before the Supreme Court’s registrar – and only after strict action was initiated against those found responsible for the enforced disappearances. The judgment in the 35 missing persons’ case also highlighted that the stance of army authorities that 35 missing persons were not in their custody proved to be false as they had made three contradictory statements before the court and they only produced seven persons out of the 35, the court observed. It was stressed that no intelligence or security agency, including the Inter-Services Intelligence (ISI), Military Intelligence (MI), Intelligence Bureau (IB) and the Frontier Corps, could forcibly detain any person secretly for a longer period without sharing information about his whereabouts. The verdict passed the responsibility to the Civilian Government to ensure the recovery of the missing persons and for action against those who caused them. Since no law exists for the detention of the undeclared interned persons except for in Khyber Pakhtunkhwa, the rest of the provinces should also come out with proper legislation to discourage the tendency of enforced disappearances, according to the judgment.
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