PESHAWAR, Feb 16: The Peshawar High Court on Wednesday dismissed a habeas corpus petition challenging the detention of two brothers after the Intelligence Bureau denied their arrest.
A two-member bench comprising Chief Justice Nasirul Mulk and Justice Shehzad Akbar Khan observed that as none of the intelligence agencies had admitted the detention of the two detainees, orders could not be issued for their production.
Earlier, the ministry of interior and the NWFP government had expressed ignorance about the detention of the two brothers, Abdul Basit and Abdul Aziz. The petition was filed by Haji Enayat, stating that his sons were picked by officials of an intelligence agency on May 19, 2004, from Dalazak Road.
Advocate Khursheed Ahmad Shahan appeared for the petitioner and argued that the detainees were picked nine months ago and their whereabouts were not known. He argued that their continuous detention was illegal and unconstitutional. He added that the local newspapers had also reported the news about his arrest.
The deputy attorney general Salahuddin Khan appeared for the state and informed the court that he had contacted the Director of IB, Safwat Ghayur, and he had expressed ignorance about the arrest of the detainees.
ANOTHER PETITION: The Peshawar High Court dismissed a habeas corpus petition challenging the detention of a student for more than a year on charges of providing shelter to Al Qaeda suspects.
A two-member bench comprising Justice Shahjehan Khan Yousafzai and Justice Ijaz Afzal observed that the assistant political agent of Jamrud (Khyber Agency) and the federal government had expressed ignorance about any raid conducted a year ago in which the detainee, Adnan, was arrested.
The bench observed that in the present situation when it was not known that who had picked the detainee, his production order could not be issued. It was observed that if the petitioner found any clue about the presence of the detainee with any of the agencies he could again move the court.
The petitioner stated to be a student of Class 10 of a school at Jamrud. The relatives of the detainee claimed that his whereabouts were not known since his arrest on Feb 12, 2004.
The respondents in the petition were Director of Intelligence Bureau, Peshawar, Director-General of Inter Service Intelligence, political agent of Khyber Agency, APA and tehsildar of Jamrud tehsil.
Advocate Habibur Rehman Afridi appeared for the petitioner and contended that on the day of occurrence the khasadars, administration officers and plain-clothed officers of intelligence agencies raided the residence of the detainee and picked him as the elder members of the family were not available.
He contended that since his arrest nothing was conveyed to the family. He added that the detainee Adnan was son of a known tribal elder Ghilaf Khan Afridi and if they were required in any offence the political agent could have easily summoned his father and other family members.
Mr Afridi said that even the family members were not informed whether the detainee was in the custody of any of the intelligence agencies or was with the tribal administration.
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