PESHAWAR, Nov 30: The Peshawar High Court on Wednesday directed the federal government to produce list of the detainees so far shifted to the internment centres notified by the provincial home department.

A two-member bench comprising Chief Justice Dost Mohammad Khan and Justice Mazhar Alam Miankhel observed that once these lists were provided it would help in identifying whether any of the “missing” person whose case was pending before the high court was present in any of the internment centres.

The bench observed that if the detainees were found to be in custody of the provincial government in the said internment centres, the habeas corpus petitions about their alleged illegal detention would be no longer maintainable as they would be in legal custody and they could file a writ petition.

The president had on June 23, 2011, promulgated two almost identical regulations -- Action (in Aid of Civil Power) Regulation for Fata and Pata -- through which several powers had been assigned to the armed forces and civil administration. The law also provides for setting up of internment centres for the detainees.

The bench was hearing a habeas corpus petition filed by a resident of Peshawar, Ikramullah Khan, challenging the detention of his cousin Jamal Abdul Tahir. The petitioner stated that the detainee, a resident of Defence Colony in Peshawar, was picked up on June 29 by persons clad in uniform of Elite Force and since then he had been missing.

Advocate Ameenur Rehman appeared for the petitioner and contended that he had been missing for the last five months. He added that the detainee belonged to an educated family and was never involved in any anti-social activity.

The deputy attorney general, Mohammad Iqbal Mohmand, informed the bench that he was in contact with the ministries of interior and defence in this regard. He stated that once the names of the internees were provided to them by the provincial government several of the missing persons could be traced.

The stated that they were having less than 100 cases of missing persons in the high court and there was a possibility that several of them might have been given in custody of the provincial government by the security agencies under the new law.

The bench observed that they were informed that so far only 600 to 700 persons had been given into the custody of provincial government. The bench adjourned hearing of the case and fixed Dec 21 for next hearing.

Meanwhile, the bench also adjourned hearing of another habeas corpus petition filed by a resident of Hangu district, Khan Baz, challenging the detention of his son, Meena Baz. The detainee was allegedly taken into custody by the security agencies on Sep 13, 2010.

In that case the ministry of interior had already informed the court that the detainee was not in custody of any of the agencies functioning under its supervision. The bench fixed Dec 21 for next hearing observing that his whereabouts might be traced after submission of lists of the internees.