PESHAWAR, Jan 25: Dismissing a writ petition against the detention of Jamiat Ulema-i-Islam chief Maulana Fazlur Rehman, a two-member bench of the Peshawar High Court on Friday declared his detention legal and in accordance with the law.

The bench, comprising Justice Tariq Pervaiz and Justice Abdur Rauf Laghmani, pronounced a short order after additional documents were submitted by the additional advocate general Imtiaz Ahmad.

The court observed that the detainee’s presence outside was detrimental to public peace and tranquillity and the impugned order issued by the government was in accordance with the law.

The petition was filed by provincial vice chief of the party, Sahibzada Khalid Ahmad Benori, stating that the continuous detention of Maulana Fazlur Rehman since Oct 6, 2001, by the provincial government under the Maintenance of Public Order Ordinance was unconstitutional and illegal.

After the verdict was pronounced, the petitioner and other leaders of JUI told the newsmen that they would move the Supreme Court against the order of the high court. They said that there was not a single proof against the detainee on the basis of which he could be detained for such a long duration.

The government and district administration had issued various orders for keeping the JUI (F) chief in detention and the last order was issued on Dec 28, 2001. Apart from routine grounds, one of the reason cited for keeping the detainee in detention was that there was great tension due to war threats posed on account of movement of troops and military equipment by India along the eastern border of Pakistan and the Line of Control with Azad Jammu and Kashmir, aggravating the situation further, and provocative speeches of the detainee would harm national solidarity in the existing delicate situation.

The petitioner’s counsel contended that the additional documents did not prove anything against him. He argued that the detainee had been in detention since Oct 6 and all the press clippings provided by the government were before that date. Moreover, he stated that the government was now collecting material against the detainee which proved that at the time of his detention there was nothing available against him.

It may be mentioned that the high court had earlier dismissed a writ petition of Jamaat-i-Islami chief Qazi Hussain Ahmad, challenging his detention by the government under the MPO. His appeal against that judgment has been pending.