PESHAWAR, July 31: A two-member bench of the Peshawar High Court on Thursday directed the NWFP advocate-general to file a reply to a writ petition challenging the detention of the administrator of a seminary and his four pupils by the provincial government.
The bench comprising Justice Shahjehan Khan Yousafzai and Justice Ijazul Hassan fixed Aug 5 for the next hearing.
The administrator of Darul Uloom Tafheemul Quran, Bannu, Qari Mohammad Ali, and his four students were arrested under the Maintenance of Public Order Ordinance by the provincial government more than a month ago.
His detention period of a month passed a few days back following which the home secretary extended his detention by a month.
Advocate Lateef Afridi appeared for the detainees and argued that they were arrested without any reason being assigned.
He contended that it was a case of political victimization.
Mr Afridi contended that Mohammad Ali had criticized Chief Minister Akram Khan Durrani during a speech in a Jirga, which annoyed him.
He said the detainee belonged to the chief minister’s hometown, therefore Mr Durrani was disturbed at his vocal statements.
Advocate-General Barrister Jehanzeb Raheem contended that the detainees were giving provocative statements and had become a threat to public order and peace in the area. He said the government had no other option but to detain them under the MPO.
He stated that if the detainees gave an undertaking that they would not deliver provocative speeches the government would consider releasing them. He said he was ready to submit comments on behalf of the government and explain the situation which led to the detention.
The bench asked him to submit the comments and adjourned the case.
OFFICIAL SUMMONED: The Peshawar High Court on Thursday summoned the assistant political agent of Bara, Khyber Agency, on a writ petition challenging detention of a person belonging to the settled area.
A two-member bench directed the official to appear before the court on Aug 6.
The petition was filed by Advocate Fazal Ilahi Khan on behalf of the detainee, Shoukat Ali.
Mr Ilahi argued that the detainee belonged to the settled area and the assistant political agent had no authority to shift him to the tribal area under the Frontier Crimes Regulations.
He contended that under Section 86-A of the Criminal Procedure Code, procedure was given for removal of a person to the tribal area by the administration.
He argued that the official had not followed the procedure and the detention of the petitioner was illegal.
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