During the course of proceeding, Attorney General of Pakistan (AGP) Salman Butt apprised the court that the Federal government had submitted an application to lodge an FIR in Secretariat Police Station Islamabad. The government stated in the application that "A H.R case No 29388-K of 2013 is pending before the Supreme Court of Pakistan in respect of missing persons. One Muhabbat Shah s/o Kabil Shah, resident of Village Ghala, Tehsil Katlang, District Mardan has made an application before the Supreme Court of Pakistan with regard to his brother Yaseen Shah, who is missing since 2010 in the joint action against terrorists by Police and Army and his whereabouts are yet not known.
During the court hearing dated 24.10.2013 it was disclosed through Superintendent Judicial Lockup Malakand through a letter addressed to the Additional Registrar Peshawar High Court Peshawar that 35 numbers of undeclared internees were taken by Naib Subedar Amanullah. That up till now 28 persons out of 35 have come to surface; some have been produced in the Supreme Court of Pakistan in different court's hearings which disclosed that they were not detained but free. At present seven persons, including Yaseen Shah, are still missing. As per report of the In-charge Internment Centre Malakand, Naib Subedar Amanullah and others have taken the said persons and in spite of hectic efforts made by all the law enforcing agencies are still missing and not disclosed.
Amanullah and others are as per the orders of the Supreme Court dated 10.12.2013 responsible for illegal removal and the confinement of the said persons. A case may be registered in Islamabad and proceeded further in accordance with law against Amanullah and others".
Latif Yousufzai, Advocate General for Khyber Pakhtunkhwa, supported the AGP's statement and informed the court that the Malakand Police Station has received an application to lodge an FIR. Justice Khawaja remarked that it is obligatory for everyone to uphold the Constitution. He said the court did not intend to degrade someone as everyone was bound to follow the Constitution.
The court summoned Station House Officer Secretariat Police Station after examining the application and expressed annoyance for not lodging the FIR. Advocate General KPK informed the court that the Deputy Commissioner Malakand was examining provisions of law for registering an FIR. Justice Jawwad S. Khawaja remarked that the court could not summon District Co-ordination Officer as Advocate General of the province was present before the court. The court sought a progress report of the case before it adjourned the hearing till Friday.