PESHAWAR, April 29: The Peshawar High Court on Tuesday dismissed a habeas corpus petition challenging alleged illegal detention of a person for over four months by a law enforcing agency as the provincial government and police denied his detention.
A two-member bench comprising Justice Jehanzeb Raheem and Justice Ghulam Mohiuddin Malik directed the petitioner, Ms Sadiqa, mother of the detainee Ikram Khan, that in case she could trace out the whereabouts of her son she could again approach the court.
The deputy advocate general, Barrister Waqar also submitted that he had contacted the government officials and they had expressed ignorance regarding the whereabouts of the
person.In their comments the provincial home secretary and the PPO expressed ignorance about the detention of Ikram.
They denied the contents of the petition filed by the lady stating that neither they had arrested the detainee nor were aware about his whereabouts.
The petitioner claimed that her son, who is about 22, was a driver of a passenger coach plying between Peshawar and Mohmand Agency. She claimed that they belonged to Lakaro Area of Mohmand Agency and her husband, Yar Khan, was in Saudi Arabia in connection with earning livelihood.
Ms Sadiqa alleged that on Dec 22, 2007, when he was on his way to Peshawar he was taken away by the officials of a law enforcing agency near Adezai checking point. Since then, she added, her son had been missing. She added that they came to know through some sources that the detainee was in custody of the Crimes Investigation Department (CID).
During last hearing a sub-inspector of the CID had informed the court that they had not arrested the detainee.
He claimed that they had nothing to do with his disappearance.
Advocate Astaghfirullah Khan appeared for the petitioner and contended that even if the government was not aware regarding his whereabouts they had the responsibility to trace him out.
The bench observed that they could not issue production order of the detainee when they were not sure about in whose custody the detainee was.
The bench observed that the petitioner could move the court if they came to know about his place of detention.Mr Astaghfirullah stated that again filing the petition and fixing it for hearing was a cumbersome and time consuming process. Justice Jehanzeb Raheem directed him that the moment they had any clue about the detainee he could approach him through an application. The petitioner, wife and four minor daughters of the detainee also attended the court proceedings.
The petitioner told journalists that her son had to look after the family and they were passing through agonising days in his absence.
She said that at least they should be informed where her son had been kept and under what charges. She added that her son was a simple person who had never indulged in any crime.
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