K-P CHIEF MINISTER GANDAPUR SUMMONED BY PHC IN MISSING PERSONS CASE

Posted on September 30, 2024 by News Desk

PHC summons K-P CM Gandapur in missing persons case

The Peshawar High Court (PHC) has summoned Khyber Pakhtunkhwa (K-P) Chief Minister Ali Amin Gandapur in connection with a missing persons case.

During a hearing on Monday, the petitioner alleged that police had taken his son and, despite being granted bail by the court, the Counter-Terrorism Department (CTD) re-arrested him immediately after his release from Peshawar Jail.

PHC Chief Justice Ishtiaq Ibrahim raised concerns about how someone could be arrested outside the jail after being granted bail in a case, calling it a violation of the court’s ruling.

Justice Ibrahim, presiding over the case, stated that the chief minister should appear in court by 5:00 PM, saying, “I am here in the court.”

The KP Advocate General informed the court that the provincial government was investigating the matter and that the chief minister was currently in a law and order meeting. In response, the chief justice ordered, “Call him. If he cannot appear today, tell him to be in court on Friday.”

The petitioner’s lawyer asserted that his client was picked up outside the jail despite being granted bail, citing CCTV footage as evidence. Expressing frustration, the chief justice remarked, “No one can be arrested in front of the jail. How can someone be taken into custody after being granted bail?” He emphasized that there would be no compromise on upholding the law.

A report from the Commission of Inquiry on Enforced Disappearances indicated that K-P accounted for the highest number of missing persons in the country, with 3,485 individuals reported.

The chief justice noted that, in a previous ruling regarding Asad Qaiser’s case, the court had already determined that a person cannot be arrested in another case after being granted bail in one. He pointed out that there are numerous similar cases where individuals are rearrested after securing bail. The court has adjourned the hearing after summoning the Chief Minister.

Earlier, on July 12, the PHC expressed concern over the rising incidents of enforced disappearances in the province, particularly involving the police and the counter-terrorism department. The court had previously summoned CM Ali Amin Gandapur to appear on July 22 to provide an update on the measures his government has taken to address this issue.

This order stemmed from CJ Ishtiaq Ibrahim during a hearing of a habeas corpus petition filed by resident Hazrat Nabi regarding the “illegal detention” of his brother, Abdul Said. The petitioner also accused the police of demanding a ransom of Rs 7 million for the detainee’s release.

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