PESHAWAR: A Peshawar High Court bench on Monday sought comments from federal ministry of defence and provincial home department in a petition filed by father of a detainee, kept in an internment centre without any trial for two years.

The petitioner, Sahibullah, a resident of Swabi, requested the court to issue directives to the federal and provincial governments either to conduct trial of his son, Waqasullah, if he was charged for any offence or set him free.

A single bench of PHC Chief Justice Waqar Ahmad Seth after preliminary hearing ordered that the respondents including federal ministry of defence and home department should reply to the petition and put forward their point of view.

The petitioner claimed that so far no FIR was registered against his son and he had been interned in Lakki Marwat internment centre without any trial. The petition is filed through advocates Mehwish Muhib Kakakhel and Saifullah Muhib Kakakahel, who stated that the detainee had gone missing and against his disappearance a petition was filed in the high court.

They stated when the government filed reply to the earlier petition, the petitioner came to know that his son was in an internment centre. They argued that the offence committed by the detainee was not known.

They stated that his detention was illegal and against his fundamental/ constitutional rights as well as general principles of human rights. They added that the detention was against dignity of human and without any legal and logical justification.

Formerly, the laws governing the internment centres including Action (in Aid of Civil Power) Regulation, 2011 and KP Action (in Aid of Civil Power) Ordinance, 2019, were declared unconstitutional and in violation of fundamental rights by the high court. However, the Supreme Court suspended the judgment through a stay order.

The counsels requested the court to order the government to produce the detainee in court and treat him in accordance with laws of the land, give him a fair trial if accused of an offence or set him free forthwith.

Published in Dawn, December 17th, 2019

Opinion

Editorial

PTI in disarray
Updated 30 Nov, 2024

PTI in disarray

PTI’s protest plans came abruptly undone because key decisions were swayed by personal ambitions rather than political wisdom and restraint.
Tired tactics
30 Nov, 2024

Tired tactics

Matiullah's arrest appears to be a case of the state’s overzealous and misplaced application of the law.
Smog struggle
30 Nov, 2024

Smog struggle

AS smog continues to shroud parts of Pakistan, an Ipsos survey highlights the scope of this environmental hazard....
Solidarity with Palestine
Updated 29 Nov, 2024

Solidarity with Palestine

The wretched of the earth see in the Palestinian struggle against Israel a mirror of themselves.
Little relief for public
29 Nov, 2024

Little relief for public

INFLATION, the rate of increase in the prices of goods and services over a given period of time, has receded...
Right to education
29 Nov, 2024

Right to education

IT is troubling to learn that over 16,500 students of the University of Karachi (KU) have defaulted on fee payments...