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High court to hear all pleas on APS carnage together

Bureau Report 2017-03-17
PESHAWAR: A Peshawar High Court bench on Thursday decided to club all petitions filed the parents of students killed in the 2014 Army Public School attack to seek different reliefs from the court, including disclosure of all related information and fixing of the responsibility of the criminal negligence about the carnage.

Chief Justice Yahya Afridi and Justice Ikramullah Khan issued the order in this respect while hearing a petition filed by Ajun Khan, father of APS student Asfand Khan.

The bench ordered the clubbing of all cases relating to the APS killings and fixing of a hear-ing into them.

The petitioner said after the information of the possible terrorist attack on the APS was shared with the provincial government, it was the fundamental right of the students and their parents to know about it and that the non-communication of that information amounted to the violation of fundamental rights of the parents, including him.

He said on Aug 28, 2014, the National Counter Terrorism Authority (Nacta) had through a letter informed the provincial government and additional chief secretary Fata that the commander of the Tehreek-i-Taliban Pakistan in collaboration with others had made a plan to carry out terrorist activities against APS and other educational institutions run by the Pakistan Army to kill the maximum number of children of the army officers and soldiers in order to avenge the killing of their accomplices.

The petitioner said necessary action to counter the threat was not taken by the administration.Abdul Latif Afridi and Naveed Akhtar represented the petitioner, while deputy attorney general Manzoor Khalil and additional advocate general Syed Qaisar Ali Shah were the counsel for the federal and provincial governments, respectively.

When the bench took up for hearing the petition, lawyer Qazi Mohammad Anwar said he had also filed a petition on behalf of Fazal Khan, father of APS student Umar Khan, but that was not fixed for hearing.

He said the petitioner had made several prayers and requestedfor the inclusion ofthe provisions of the law related to criminal negligence in the FIR of the carnage, which was registered at the counter terrorism department police station.

The bench observed that it would be appropriate to club all petitions related to the tragic incident and hear them together.

Petitioner Fazal Khan said in the petition that he personally went to the CTD police station several times for recording his statement but they declined torecord the same.

He made the provincial police officer, Peshawar capital city police officer, home secretary and some other officials the respondents in the petition and said the responsibility of criminal negligence might also be fixed for the incident.

The Nacta and interior ministry in their replies to the petition of Ajun Khan had stated that they had passed on a `threat alert` regarding the possible attack on APS to the provincial government in Aug 2014 following which it was the responsibility of the provincial government to adopt proper security measures.

Similarly, the KP government and police had stated in their comments that after receiving a threat alert from the federal government in Aug 2014 about the possible militant attack on educational institutions run by the military authorities, they had informed management of all such schools including the APS Peshawar, where 144 students and staffers were killed in the militant attack.