PESHAWAR: Peshawar High Court (PHC) has ordered payment of Diyat to a tribal family that had lost six members during air strikes carried out by security forces in far flung Tirrah Valley in Khyber Agency in July 2014. In case of failure, the government has been warned of action under contempt of court.
Khan Wali Kokikhel Afridi had approached Peshawar High Court through lawyers – Advocate Hasham Mangal Advocate and Advocate Emmad Anjum. On July 24, 2014, airstrikes carried out by security forces destroyed Afridi’s house, also killing six of his family members including his wife, three sons and two daughters. In addition, Khan Wali also received injuries during the strikes.
Later, security officials declared the victim’s family innocent.
In a petition lodged by Wali Khan in PHC, Khan Wali pleaded to order the government to conduct a probe so that action could be taken against those responsible. He also asked for his family to be compensated duly.
A two member bench of Peshawar High Court consisting of Justice Qaisar Rashid and Justice Nasar Mahfooz heard the arguments for and against the case. The court later approved an early compensation of Diyat to the affected family.
Upon contact, Advocate Emmad Anjum stated that there is no compensation for civilian/tribal families affected as a result of military actions or terrorist acts. Whereas, security personnel and officers receive Shuhada package. On these grounds, the legal counsel pleaded before the court to declare the victims as martyrs and direct the government to pay Diyat to its legal and lawful heirs.
Since 2003, Pakistan’s security forces are engaged in military action against terrorists in various tribal agencies. A large number of innocent families are wrongly targeted during such military operations. Similarly, thousands of tribesmen including leading elders and government loyalists have also become victims of target killing. However, these tribal civilians are never compensated for the loss of their loved ones or any material loss that they incur. On the other hand, security personnel who lose lives in military operations against terrorists or as a result of terror and violent acts are granted compensatory packages.
Khan Wali Kokikhel became the first ever civilian throughout FATA who will receive Diyat through court order as a result of military action that resulted in the death of six his family members as well as causing material damage to him. The court decision will encourage other terror victims to demand compensation.
