PESHAWAR: Qazi files amended petition against detention
Bureau Report
PESHAWAR, Nov 8: Jamaat-i-Islami chief Qazi Hussain Ahmad on Thursday filed an amended writ petition in the Peshawar High Court after his shifting to Thanda Dam rest house by the government.
The earlier writ petition, challenging the JI chief’s house arrest by the provincial government, was withdrawn on Thursday as the nature of the case had changed after shifting him to the rest house from his residence.
A division bench comprising Justice Nasirul Mulk and Justice Shahjehan Khan Yousafzai took up for preliminary hearing the earlier writ petition. However, a panel of lawyers representing Qazi Hussain Ahmad, including Arif Khan, Arbab Usman and others, informed the bench that they had decided to withdraw the petition and they should be allowed to file an amended writ petition.
The court allowed them to withdraw the petition with the permission to file an amended petition.
Later, another petition was filed on behalf of JI’s chief. Through the amended petition, Qazi Hussain Ahmad prayed to the court that the impugned order issued by the provincial government of keeping him in the Thanda Dam Rest House be declared as illegal and against the law.
The JI chief stated that on Nov 3 the Secretary of Home Department had served a notice on him wherein he had been directed not to reside, remain or enter any part of the Bajaur Agency. Subsequently, he added, the provincial government issued another order bearing No. 13/5-SOS-I(HD) 2001 on Nov 5, putting him under house arrest. Later, the petitioner stated he was shifted to the rest house from his house.
He said that he got no other remedy except to invoke the extraordinary jurisdiction of the high court for redressal of his grievances. He contended that the impugned order was mala fide as the activities of the petitioner were not prejudicial to the public peace and tranquillity.
The respondents in the petition are Government of NWFP, Secretary to Government of NWFP, Home and Tribal Affairs Department, district coordinating officer, Peshawar, district Nazim, Peshawar, Inspector-general of Police, NWFP, deputy inspector-general of police, Peshawar, and senior superintendent of police, Peshawar.
A sedition case was also registered against Qazi Hussain Ahmad in Mardan for addressing a public meeting on Nov 2, in which he was accused of having urged the people to rise in revolt against the state.
