PESHAWAR – In an intense hearing on 2 May, the Peshawar High Court expressed severe displeasure over the handling of a missing persons case, accusing the Khyber Pakhtunkhwa police of mishandling the matter and failing to comply with court orders.
Justice Ejaz Anwar, heading a two-member bench alongside Justice Arshad Ali and Justice Sahibzada Asadullah, demanded the immediate appearance of Khyber Pakhtunkhwa’s Inspector General, Zulfiqar Hameed, to answer for the missing individuals’ whereabouts.
The case revolves around five individuals, allegedly abducted from a residence in Peshawar on 27 April. Despite claims from the police that the men were released under Section 107 (bail on personal bonds), the court’s frustration mounted as police failed to provide adequate answers, or present the men before the bench. Justice Anwar, visibly exasperated, warned the police to comply with the court’s directives, stating, “Where are the men? Don’t test the patience of the court.”
‘This Reeks of Mala Fide’ — Court Blasts Police Over Tactics
During the session, the court also expressed concerns about the motives behind the police’s actions. The police initially claimed that the missing individuals had been released on bail, but Justice Asadullah questioned this reasoning, stating, “This reeks of mala fide,” implying that the police actions may have been driven by bad faith. The bench also scrutinized the legal procedure followed by the police, stressing that the matter at hand was not just about the recovery of missing persons but about upholding legal procedures and ensuring that law enforcement acted within the boundaries of the law.
The case took another dramatic turn when it was revealed that belongings of an Omani national, also reported missing, were found at the residence of the family where the five individuals were allegedly detained. The police stated that they had recovered these items but had not filed an FIR in the case, raising further doubts about the legality of their actions. Justice Ejaz Anwar sharply reprimanded the police, questioning why no legal action had been taken, and warned the officers that failure to comply with court orders would lead to contempt proceedings.
Court Orders Fir, Calls For Full Bench Hearing
The tension escalated when the court rejected an offer from Fida Gul, the former president of the High Court Bar Association, to withdraw the petition in exchange for the release of the detained individuals. “You are indirectly admitting that they are with you,” Justice Asadullah remarked, pointing out the inconsistency in the police’s defense. The court made it clear that no such negotiation could be entertained, as the focus remained on securing the missing individuals’ immediate recovery.
Justice Ejaz Anwar, not satisfied with the police’s lack of accountability, announced that the bench would not tolerate further delays. “If you do not produce the individuals, we will initiate contempt of court proceedings against the IG and CCPO,” he threatened. The court demanded the immediate filing of an FIR and directed the police to present the missing persons or face legal consequences.
Further escalating the situation, the court ordered the formation of a larger bench (full court) to hear the Peshawar High Court missing persons case in detail, involving both federal and provincial authorities. Notices were issued to the relevant government agencies, including the federal government and provincial law enforcement officials, to ensure transparency and accountability.
Court’s Warning to Authorities: ‘We Won’t Let This Go’
As the hearing progressed, the court’s frustration reached new heights, with Justice Anwar reminding the police that their failure to uphold court orders would not go unnoticed. “The public expects this court to act decisively,” said Justice Anwar, making it clear that no stone would be left unturned in the pursuit of justice.
The hearing concluded with a final warning: “If the individuals are not presented by 12 PM, the responsible federal authorities will be summoned,” Justice Asadullah declared. The court further emphasized that any future violations of its orders would result in contempt notices for the Inspector General and the Capital City Police Officer, further tightening the noose around the authorities’ inaction.
The Peshawar High Court missing persons case continues to develop, with the court remaining vigilant about ensuring justice for the missing individuals and maintaining the rule of law. The bench indicated that the next hearing would take place shortly, with a firm promise to take stringent legal action if the court’s directives were not followed.
