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Published 22 Dec, 2011 08:02pm

PHC summons police over `illegal` custody

PESHAWAR, Dec 22: Taking suo motu notice of the alleged illegal detention of a person by police, Chief Justice Peshawar High Court Dost Mohammad Khan on Thursday directed the Nowshera district police officer and the station house officer of Nowshera Kalan police station to show up with all the relevant record on December 29.

The directions were issued by the chief justice heading a two-member bench after a woman, Rizwana Fawad, complained to him in writing that his husband, Fawad, had been in the 'illegal' confinement of police for 25 days.

She said her repeated requests to the relevant police officials for her husband's freedom had fallen on deaf ears.

The chief justice directed the additional registrar (judicial) to hold initial inquiry into the matter.

The additional registrar later produced a report, saying the DPO and the SHO of Nowshera Kalan police station had been trying to conceal 'some material facts' from him and rather they were trying to assert undue authority.

The bench took exception to the relevant police officials' attitude and observed that no person could be kept in confinement. It further said the said officials had been violating the law by detaining a person without legal authorisation.

The court fixed December 29 for hearing into the case with the direction that the Nowshera DPO and the Nowshera Kalan SHO appear in person along with the relevant record.

Meanwhile, another bench of the high court disposed of a habeas corpus petition after an alleged detainee, Sawad Khan, was freed by his captors a few days ago.

The bench consisting of Justice Miftauddin Khan and Justice Azmatullah Malik observed that after the detainee's return, the petition had become 'infructuous'.

The petition was filed by Fateh Khan, a resident of Khwesgi area in Nowshera, who alleged that after a blast in Risalpur area three months ago, local police arrested his son, Sawad, before handing him over to an intelligence agency.

The bench also put on notice the defence and interior ministries in a case against the alleged illegal detention of Mohammad Hasnain, a resident of Zareef Korona area in Mohmand Agency.

Ghulam Nabi, counsel for the petitioner, said his client was taken into custody by law-enforcement agencies in Peshawar's Khyber Bazzar on January 24, 2011, and that he had been missing since.

He further said the detainee was an employee of the communication and works department, which halted payment of his salary after his disappearance.

In another petition filed by a woman, Gul Ikhtiara, against the alleged illegal detention of her son, the bench gave more time to the defence and interior ministries for tracing Jamil.

Deputy attorney general Mohammad Iqbal Mohmand appeared for the state and said the two ministries had sought more time for knowing the whereabouts of the alleged detainee.

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