The Peshawar High Court (PHC) has taken a significant step in addressing concerns surrounding missing persons by summoning Khyber Pakhtunkhwa (K-P) Chief Minister Ali Amin Gandapur. This summons follows a troubling case brought before the court, where a petitioner accused the police of unlawfully detaining his son. Despite receiving bail, the son was reportedly re-arrested by the Counter-Terrorism Department (CTD) immediately upon his release from Peshawar Jail.
Chief Justice Ishtiaq Ibrahim expressed serious concerns over the legality of such arrests occurring outside the jail after bail has been granted, highlighting a potential violation of the court’s orders. During the hearing, Chief Justice Ibrahim mentioned that the chief minister should appear in court at any time before 5:00 PM, making it clear that the court would remain accessible for his attendance. The advocate general for K-P informed the court that the provincial government was investigating the allegations and noted that the chief minister was currently occupied with a law and order meeting.
In a strong response to the situation, Chief Justice Ibrahim instructed that if the chief minister could not attend court that day, he should ensure his presence by Friday. The petitioner’s attorney maintained that there is CCTV footage that corroborates the claim that his client was unlawfully taken into custody after being granted bail, further emphasizing the irregularities in the enforcement of the law.
Highlighting the gravity of enforced disappearances in K-P, a report by the Commission of Inquiry on Enforced Disappearances indicates that the province has the highest number of missing persons in the country, with a staggering total of 3,485 individuals reported missing. Chief Justice Ibrahim reiterated the court’s previous rulings, asserting that individuals cannot be rearrested after securing bail in another case, pointing to systemic issues that necessitate urgent reform.
This latest hearing is part of ongoing judicial efforts to hold authorities accountable for unlawful detentions and to ensure the protection of citizens’ rights. Earlier in July, the PHC had already expressed its concerns regarding the alarming trend of enforced disappearances, particularly those involving law enforcement agencies. The court’s insistence on the chief minister’s accountability signifies a crucial moment in the fight against unlawful practices in the province.
