PHC summons home secretary: Detention of banned outfit’s leader
PESHAWAR, Aug 11: The Peshawar High Court on Thursday put on notice the NWFP home secretary and the provincial police officer in a writ petition challenging the detention of a banned organisation’s leader under the Anti-Terrorism Act.
Maulana Hafeezur Rehman, was arrested from Haripur under section 11 EEE of the ATA during the recent crackdown on proscribed organisations.
The government alleged that he is a member of Sipah-i-Sahaba Pakistan (SSP).
A two-member bench comprising Justice Fazalur Rehman Khan and Justice Dost Muhammad took up the petition for preliminary hearing.
Advocate Khursheed Ahmad Shahan appeared for the petitioner and contended that his detention was illegal and unconstitutional.
He pointed out that in its order the home department had claimed that he was arrested on the orders of the provincial police officer.
Mr Shahan argued that under section 11 EEE of the ATA the government had to mention specific charges against a detainee. He contended that in the instant case the government had only arrested him on flimsy grounds on the basis of general allegations that he was a threat to public order and safety.
The petitioner’s counsel argued that his arrest was part of a witch-hunt started by the government during which innocent people were arrested. He added that there was no case registered against the petitioner.
Meanwhile, the same bench disposed of a writ petition challenging detention of two leaders of the banned organisation, SSP, as they have recently been released by the government.
The bench observed that the writ petition had become infructuous after their release.
The two petitioners, Maulana Ismael Darvesh and Maulana Fakhre Alam, were arrested last month by the provincial government under section 3 of the Maintenance of Public Order Ordinance.
The home department had claimed that the activities of the petitioners were detrimental to public peace and tranquillity.
Advocate Khursheed Shahan informed the bench that the detainees were released a few days ago.
He added that after their release they did not want to contest the case.