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Khyber Pakhtunkhwa
Court Proceedings:2014
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Date
Incidents
January - 7 
the National Accountability Bureau (NAB) on January 7 got 14 days physical remand of two accused after arresting them for alleged involvement in the multi-billion scam concerning the procurement of weapons and vehicles for Khyber Pakhtunkhwa Police, reports The News. The NAB officials produced Raza
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the National Accountability Bureau (NAB) on January 7 got 14 days physical remand of two accused after arresting them for alleged involvement in the multi-billion scam concerning the procurement of weapons and vehicles for Khyber Pakhtunkhwa Police, reports The News. The NAB officials produced Raza Ali Khan, said to be related to former Chief Minister Ameer Haider Hoti, and the latter’s un-notified special adviser on police affairs Niaz Ali Shah, and sought their 14 days physical remand. The NAB special prosecutor Lajbar Khan informed the bench that the accused had played a vital role in the scam.
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January - 18 
The Peshawar High Court (PHC) Chief Justice Dost Muhammad Khan said on January 18 that despite the complexity of missing person’s cases, the Government, through court orders, has ensured at least 1,270 of them reached their homes, reports The Express Tribune. Another 1,086 have been identified at no
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The Peshawar High Court (PHC) Chief Justice Dost Muhammad Khan said on January 18 that despite the complexity of missing person’s cases, the Government, through court orders, has ensured at least 1,270 of them reached their homes, reports The Express Tribune. Another 1,086 have been identified at notified internment centres in Khyber Pakhtunkhwa (KP) and the Federally Administered Tribal Areas (FATA). Some 3,033 people have been traced to various locations in the region. Justice Khan said that the Human Rights Directorate set up by him for those who cannot afford to hire a lawyer, has received more than 9,000 cases so far. Of these 7,000 were decided instantly, with the aggrieved getting justice in less than 72 hours.
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February - 25 
A two-member bench of the Supreme Court headed by Justice Jawwad S. Khawaja on February 25 ordered the Khyber Pakhtunkhwa Government to produce before the court on March 4, 2014 seven of 35 missing persons in the same manner in which an equal number of missing persons had been produced before the co
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A two-member bench of the Supreme Court headed by Justice Jawwad S. Khawaja on February 25 ordered the Khyber Pakhtunkhwa Government to produce before the court on March 4, 2014 seven of 35 missing persons in the same manner in which an equal number of missing persons had been produced before the court on December 7, 2013, reports Dawn. The seven persons are among the 35 who had disappeared in September 2011 when the army authorities are believed to have shifted them from an internment centre in Malakand District of Khyber Pakhtunkhwa. The 35 persons are among 66 undeclared interned persons, including Yasin Shah, on whose disappearance a petition has been filed in the Court.
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March - 18 
The Supreme Court on March 18 gave the deadline until today (March 19) to the Federal and Khyber Pakhtunkhwa (KP) Governments for the recovery of missing persons, failing which notices will be issued to the Prime Minister, KP Governor and Chief Minister for the recovery of 35 missing persons, report
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The Supreme Court on March 18 gave the deadline until today (March 19) to the Federal and Khyber Pakhtunkhwa (KP) Governments for the recovery of missing persons, failing which notices will be issued to the Prime Minister, KP Governor and Chief Minister for the recovery of 35 missing persons, reports The News. A three-member bench of the apex court, headed by Justice Jawwad S Khawaja, heard the case of 35 missing persons of the Malakand Interment Centre. During the hearing, the court observed that 34 hearings had been conducted in the case but the authorities concerned had made no progress. Attorney General Salman Butt sought an adjournment in the case, saying that they would show some progress in the matter. Meanwhile, the court adjourned the hearing till today (March 19). The Attorney General informed the court the Government had constituted a one-man commission, headed by Justice (retired) Mian Muhammad Ajmal, to trace out the missing persons. He appraised the court that the inquiry would be completed within a month, while funds would be provided to the families of missing persons.
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March - 19 
The Federal Government on March 19 decided to register a case against Army officials allegedly involved in the illegal removal of 35 undeclared inmates from an internment centre in Malakand Agency of Khyber Pakhtunkhwa, reports The Express Tribune. When a three-judge bench headed by Justice Jawwad S
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The Federal Government on March 19 decided to register a case against Army officials allegedly involved in the illegal removal of 35 undeclared inmates from an internment centre in Malakand Agency of Khyber Pakhtunkhwa, reports The Express Tribune. When a three-judge bench headed by Justice Jawwad S Khawaja resumed the hearing, Attorney General of Pakistan (AGP) Salman Aslam Butt came to the rostrum and said that he wanted to make one submission. “It was the KP Government’s responsibility to lodge an FIR – but since it hasn’t done that, the Federal Government has decided to register the FIR today (March 19) in view of the Supreme Court’s judgment,” AGP Butt submitted. “This is a significant development. Now, there will be no immunity for anyone,” Justice Khawaja said in his remarks. On November 26, 2013, the Malakand jail superintendent had submitted before the Supreme Court that army authorities, through Naib Subedar Amanullah Baig, had taken away 35 internees on February 4, 2012.
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March - 21 
A three-member bench of the Supreme Court, headed by Justice Jawwad S. Khawaja, on March 21 directed relevant authorities to submit a report within 30 days on the Malakand missing persons’ case which concerns the disappearance of 35 people from an internment centre in Malakand Agency of Khyber Pakh
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A three-member bench of the Supreme Court, headed by Justice Jawwad S. Khawaja, on March 21 directed relevant authorities to submit a report within 30 days on the Malakand missing persons’ case which concerns the disappearance of 35 people from an internment centre in Malakand Agency of Khyber Pakhtunkhwa (KP), reports Dawn. During the hearing of the case, Advocate General Khyber Pakhtunkhwa, Abdul Latif Yousufzai submitted a copy of the First Information Report (FIR) registered against Naib Subedar Amanullah in the Supreme Court. The bench was due to rule on the case concerning the unaccounted persons from the list of 35 missing men on March 21 but it postponed the order to March 22, 2014 (today) following a disclosure by the KP Government that no formal FIR had been registered. The court had then directed the Provincial Government to ascertain the situation on the ground and inform the court. The bench directed authorities to submit a copy of the charge sheet to the apex court once the investigation was completed.
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March - 31 
An Anti-Terrorism Court on March 31 convicted a Police Constable, Syed Ali Badshah and sentenced him to life imprisonment with fine of PKR 100, 000 in a case of firing at a procession, on November 22, 2013, which had left nine persons injured, reports Dawn. The procession was part of demonstrations
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An Anti-Terrorism Court on March 31 convicted a Police Constable, Syed Ali Badshah and sentenced him to life imprisonment with fine of PKR 100, 000 in a case of firing at a procession, on November 22, 2013, which had left nine persons injured, reports Dawn. The procession was part of demonstrations staged across KP against sectarian violence on the occasion of Ashura in Rawalpindi. The Judge Syed Asghar Ali Shah pronounced that the prosecution had proved its case against the accused, Badshah, who was a Constable at Bana Mari Police Station in Peshawar, and was on duty at the time of the occurrence.
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April - 22 
The Peshawar High Court on April 22 summoned the Secretary Defence and Secretary Interior in the missing persons’ cases on May 14 to explain the non-compliance of the court orders in the enforced disappearance cases, reports The News. A two-member bench comprising Chief Justice Mazhar Alam Miankhel
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The Peshawar High Court on April 22 summoned the Secretary Defence and Secretary Interior in the missing persons’ cases on May 14 to explain the non-compliance of the court orders in the enforced disappearance cases, reports The News. A two-member bench comprising Chief Justice Mazhar Alam Miankhel and Justice Ikramullah Khan directed the two Federal Secretaries to appear in person in the court. “We are stating with great concern that no proper assistance is being made in the missing persons cases by the Deputy Attorney General Office as the ministries and agencies since 2012 made no progress in the missing persons’ cases. We in such circumstances are compelled to put on notice the Attorney General of Pakistan and the secretaries of Defence and Interior to appear and explain non-compliance with the court orders,” the bench stated in the order.
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May - 5 
The two member Commission of Inquiry on Enforced Disappearances, headed by retired Justice Javed Iqbal and appointed by the Supreme Court, on May 5 claimed that it had resolved 27 missing person cases last month, saying that most of these persons were found detained at various “internment centres” i
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The two member Commission of Inquiry on Enforced Disappearances, headed by retired Justice Javed Iqbal and appointed by the Supreme Court, on May 5 claimed that it had resolved 27 missing person cases last month, saying that most of these persons were found detained at various “internment centres” in Khyber Pakhtunkhwa, reports Dawn. The figures released by the Commission revealed that the number of missing persons had been increasing constantly, 1,846 cases had come to light since January 1, 2011, the day the commission started its work. The Commission said there were 138 missing person cases pending before it on January 1, 2011, and since then it had received 1,846 new cases, bringing the total to 1,984. According to the list of traced persons, six are detained at an internment centre in Lakki Marwat District, four in Kohat and five in two internment centres in Swat Valley, from where most of the persons have gone missing. Six persons have returned home on their own while one named Hafiz Hassan Akbar is in “judicial custody”. It is also not clear whether these centres are being run by the military or civilian authorities. There is also no answer to two key questions — who had picked them up and who disclosed their whereabouts. The Commission reiterated its “commitment and determination to make all-out efforts to trace the missing persons”.
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May - 15 
Meanwhile, the Commission of Inquiry on Enforced Disappearances has so far disposed of 657 of a total of 1,948 complaints about missing persons, the Peshawar High Court was told on May 15, reports Dawn. Additional Attorney General Syed Attique Shah told Chief Justice Mazhar Alam Miankhel and Justice
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Meanwhile, the Commission of Inquiry on Enforced Disappearances has so far disposed of 657 of a total of 1,948 complaints about missing persons, the Peshawar High Court was told on May 15, reports Dawn. Additional Attorney General Syed Attique Shah told Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain that 209 people had filed complaints with the two-member commission in Islamabad last month. He said several applicants had filed petitions with the commission, the Supreme Court and the Peshawar High Court simultaneously. The bench asked Syed Attique Shah to produce a detailed report on the enforced disappearance cases pending with different forums simultaneously to ensure early disposal.
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May - 23 
In the first ever conviction in a missing person case in Khyber Pakhtunkhwa, Magistrate Zafarullah Mohmand on May 23 sentenced Peshawar Station House Officer (SHO) Arshad Khan to three years imprisonment after he was found guilty of taking Khairur Rehman into custody on February 9, 2009, which led t
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In the first ever conviction in a missing person case in Khyber Pakhtunkhwa, Magistrate Zafarullah Mohmand on May 23 sentenced Peshawar Station House Officer (SHO) Arshad Khan to three years imprisonment after he was found guilty of taking Khairur Rehman into custody on February 9, 2009, which led to his enforced disappearance, reports Dawn. Soon after conviction, the SHO filed appeal with the court of Additional District and Sessions Judge Kaleem Arshad, who admitted the appeal to the hearing and suspended his conviction under Section 426 of the Code of Criminal Procedure (CrPC). The convict was arrested on August 29, 2013, in the case after his pre-arrest bail was dismissed by the Peshawar District Judge. Later, he was set free on bail by the Peshawar High Court.
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June - 26 
Separately, the Chief Justice of Peshawar High Court, Mazhar Alam Miankhel, on June 26 asked the security agencies to release all those against whom no charges could be proved, reports The News. Hearing the cases of 51 missing persons, he expressed concern over the replies of intelligence agencies w
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Separately, the Chief Justice of Peshawar High Court, Mazhar Alam Miankhel, on June 26 asked the security agencies to release all those against whom no charges could be proved, reports The News. Hearing the cases of 51 missing persons, he expressed concern over the replies of intelligence agencies working under the Ministries of Defence and Interior and stressed that innocent people should not languish in prisons for years. “We are receiving stereotype replies from the agencies. The court will summon complete ground check record in the missing persons’ case if the ministries concerned and agencies don’t cooperate with the courts,” the Chief Justice said.
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August - 21 
The two-member bench of Justice Malik Manzoor Hussain and Justice Ikramullah Khan at the Peshawar High Court (PHC) issued a show-cause notice to Khyber Pakhtunkhwa’s (KH) Secretary for Home and Tribal Affairs on August 21 as he failed to submit a report in a missing persons’ case, reports The Expres
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The two-member bench of Justice Malik Manzoor Hussain and Justice Ikramullah Khan at the Peshawar High Court (PHC) issued a show-cause notice to Khyber Pakhtunkhwa’s (KH) Secretary for Home and Tribal Affairs on August 21 as he failed to submit a report in a missing persons’ case, reports The Express Tribune. He was ordered to appear before the court on September 23, 2014. The bench was informed by Advocate Mohib Jan that Intelligence Agencies, with the help of the Police, allegedly picked up Musafar and Arif from Haji Camp in Peshawar on July 25, 2011. In the petition, the family accused Assistant Superintendent of Police (ASP) Muhammad Faisal of picking up the two men. It said Musafar was a truck driver, and Arif his assistant, a cleaner; neither had any links with a militant organisation. The counsel for the petitioner stated on June 24, 2014, relatives of the two missing men were informed that both were being kept at an internment centre in Kohat District of the Province. Early in July, Musafar’s body was handed over to his family without any information about the cause of death. Arif is still being detained at the centre. In a separate case, the same bench issued a notice to Kohat internment centre in charge. The court was informed by Advocate Gul Nazir that six family members of his client, Naek Muhammad Shah, were allegedly picked up by Intelligence Agencies in 2012. They included Barkat Shah, Tahir Shah, Bakhtawar Shah, Ismail Shah, Hazrat Shah, and Nazar Shah. Nazir said the bodies of Barkat, Tahir and Bakhtawar were handed over to the family, while the remaining people were still at Kohat internment centre. The court issued a notice to the in charge of the internment centre to submit a comprehensive report on the three missing persons.
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November - 11 
The Peshawar High Court on November 11 disposed of six habeas corpus petitions after learning from the Government about the presence of the relevant ‘missing persons’ at the internment centre of Ghalanai in Mohmand Agency (FATA), reports Dawn. The petitions were filed by relatives of the internees.
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The Peshawar High Court on November 11 disposed of six habeas corpus petitions after learning from the Government about the presence of the relevant ‘missing persons’ at the internment centre of Ghalanai in Mohmand Agency (FATA), reports Dawn. The petitions were filed by relatives of the internees. A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Haider Ali Khan observed that the detainees had been interned under a law, the Action (in aid of civil power) Regulation 2011, and had been declared ‘black’ suggesting that evidence were available against them of involvement in acts of terrorism and therefore, it could not proceed in their cases. It, however, observed that if petitioners faced problems in visiting internees or were denied rights, they could get back to the court yet again. The bench was hearing 17 cases of enforced disappearances.
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December - 9 
Investigations by officials at internment centres concluded that six more previously missing persons maintained close ties with anti-state elements and the inmates were placed in the black category, The Express Tribune reported on December 10. This was revealed by the Home and Tribal Affairs departm
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Investigations by officials at internment centres concluded that six more previously missing persons maintained close ties with anti-state elements and the inmates were placed in the black category, The Express Tribune reported on December 10. This was revealed by the Home and Tribal Affairs department to the division bench of Chief Justice Mazhar Alam Miankhel and Justice Musarrat Hilali as the Peshawar High Court (PHC) heard eight petitions related to enforced disappearances on December 9. When the bench took up the cases for hearing, Qaiser Jamal informed the court that his brother and three cousins were picked by a peace militia and handed over to the police around four years ago in Kohat. However, authorities later handed over the bodies of his brother Khalilur Rehman and cousin Muhammad Sohaib from the Kohat and Lakki Marwat internment centres. He told the court that an autopsy was conducted and the bodies bore visible signs indicating the inmates were kept in deplorable conditions. Jamal said they were malnourished and the family could not even recognise them when their bodies were handed over.
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December - 30 
Niaz Mohammad, a former Pakistan Air Force junior technician, convicted in the former President General (retired) Pervez Musharraf assassination attempt case, was executed on December 30, reports Dawn. He was hanged at the Peshawar Central Prison. Niaz was sentenced to death for making an attempt on
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Niaz Mohammad, a former Pakistan Air Force junior technician, convicted in the former President General (retired) Pervez Musharraf assassination attempt case, was executed on December 30, reports Dawn. He was hanged at the Peshawar Central Prison. Niaz was sentenced to death for making an attempt on the life of Pervez Musharraf near Jhanda Chichi Bridge in Rawalpindi on December 14, 2003. Niaz Mohammad was a resident of Swabi District of Khyber Pakhtunkhwa. He was kept at the Haripur Central Prison until December 29, from where he was shifted to the Peshawar Central Prison in a helicopter.
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