June 14, 2024
By Kamran Ali
PESHAWAR:
More than three months have passed since the abduction of four brothers from their residence in Hayatabad, yet their whereabouts remain unknown.
Abdul Waris, Nasir Khan, Usman Khan, and Muhammad Zahir, along with their manager Samandar, were forcibly taken from their home on February 28 by some 20 masked individuals, dressed in what appeared to be police uniforms, according to CCTV footage obtained by Voicepk.
The abduction of four brothers, owners of the multinational Alokozay company, which operates across 40 countries, appears to be a case of kidnapping for ransom. Their counsel Nadir Shah believes that this is not a simple case of missing persons, where the abductees are accused of suspicious activities.
In a habeas corpus petition filed on March 6, Shah sought judicial intervention after the Tatara Police Station initially refused to register an FIR for abduction. The Peshawar High Court eventually directed the registration of the FIR on May 14, following significant delays and legal hurdles.
The case took a more distressing turn when the wives of the abducted brothers received a notice from the National Database and Registration Authority (Nadra) on May 29, alleging irregularities in their citizenship status.
While talking to Voicepk, Nadir Shah said, “According to security agencies’ investigation, their citizenship was under suspicion, and they were required to appear before a verification board within 15 days, failing which their CNIC could have been revoked or confiscated.”
However, the court later suspended the notice after legal challenge.
Nadir Shah further explained that the Peshawar High Court (PHC) intervened and suspended the notice after a legal challenge was mounted. However, he expressed concerns about potential involvement of Military Intelligence (MI), noting that the NADRA notice referenced an MI report.
During the court hearing, the father of their manager emotionally appealed for his son’s safe return, stating, “In my 60 years of life, I have never been to any court, but circumstances have forced me to do so due to the disappearance of my son. Please ensure my son’s recovery.”
Justice Ijaz Anwar of the Peshawar High Court, during a hearing, expressed grave concern over the abduction, remarking that it highlighted a systemic failure to protect citizens, particularly the wealthy who are increasingly leaving the country due to security concerns. The court urged the government to intensify efforts for the recovery of the abducted individuals.
The missing of the four brothers is not an isolated incident. According to a report submitted to the ministry of defense by the attorney general’s office, as obtained by Voicepk, there are currently 98 pending cases of missing persons before the Peshawar High Court. Also, between February 1, 2023, and May 23, 2024, 226 cases of missing persons were resolved.
Advocate Shabbir Hussain Gigyani dismisses official figures on missing persons as manipulated, and calls for a judicial inquiry into the matter. “There are more than thousands of people missing in Khyber Pakhtunkhwa, but the AG office has presented manipulated data,” he says. “I alone serve as counsel in more than 98 of these cases.”
Human rights activist Tariq Afghan echoed similar sentiments, criticising security agencies for their perceived lack of transparency and accountability in such cases. He criticized security agencies for presenting fabricated or false statements in court to evade judicial oversight, citing the case of human rights activist Idress Khattak as an example. “Initially, the state denied involvement in Khattak’s disappearance, but later, under pressure from international human rights organizations, they admitted to holding him under the Secret Act.”
Turning to the case of the four abducted brothers, Gigyani called for a judicial inquiry to uncover the true perpetrators, particularly since police officers were visibly involved in the CCTV footage. He stressed that it is the state’s duty to protect its citizens, emphasizing that if it fails, the courts must step in to ensure justice.
Expressing despair over the issue of missing persons, Gigyani lamented the lack of a lasting solution to forced disappearances. He questioned how solutions could be found when security agencies fail to adhere to constitutional principles and laws.