PESHAWAR, Sept 26: The Peshawar High Court on Friday put on notice the administration of Khyber Tribal agency and Peshawar Central Prison’s superintendent in a habeas corpus petition filed by six Nepalese challenging their detention under the Frontier Crimes Regulation.

A two-member bench comprising Justice Shahjee Rehman Khan and Justice Ziauddin Khattak fixed Oct 16 for next hearing and issued notices to the political agent of Khyber Agency, assistant political agent of Landi Kotal tehsil of the agency and superintendent of the prison.

The petitioners, who are apparently cheated by a group of human smugglers, include five juveniles and were arrested by the authorities in Landi Kotal, Khyber Agency, on June 11, 2008.

The authorities claimed that no foreigner could enter the tribal area without permission of the government and they had violated the law by doing so.

A representative of Voice of Prisoners, Nasrun Minallah advocate, and that of Dost Welfare Foundation, Imaduddin advocate, appeared for the petitioners and contended that being foreigners they could not be detained under section 40 of the FCR.

These prisoners include an adult, Tirthi Bahadur Gaurang, and five juveniles named Chandra Bahadur Tamang, Subah Bahadur Tamang, Prem Bahadur Tamang, Shyam Lal Tamang and Buddhiman Tamang.

The juveniles have been lodged at the section for youthful offenders. Their ages are stated to be between 15 to 18 years. The counsel stated that the detainees had entered Pakistan via India on valid visa documents and their stay in Pakistan was not illegal.

They stated that the detainees were going to Afghanistan via Torkham border in the Khyber Agency and were having proper documents but were arrested by the authorities of Khyber Agency.

They stated that the detainees were charged under section 3 and 14 of Foreigners Act and section 11/40 of FCR and were sent to Peshawar Central Prison on July 7 and since then they had been detained there.

They contended that their detention was illegal and unconstitutional and they should be set at liberty.

The petitioners stated that they had been deprived of their inalienable right of liberty and had been living miserable life in the prison without commission of any offence. They contended that the detention of foreigners under the FCR was illegal.

These detainees have last month sent letters to the Voice of Prisoners and Dost Foundation requesting for legal assistance as they were not having resources of hiring a counsel. The Nepalese Embassy in Islamabad has also not taken any interest in the release of its nationals.