ISLAMABAD, May 10: The Supreme Court was approached on Friday by a former MNA from Kohat, seeking a direction that 143 Pakistani and 57 foreigner Jihadis, who were arrested when they fled Afghanistan, should be set at liberty.
Two petitions for leave to appeal — one for Pakistani “Mujahids” and another for foreigner Mujahids — were filed by former MNA Ibrahmi Paracha against the Peshawar High Court judgment that had turned down the petitions on the ground that the petitioner had no locus standi to file the habeas corpus petitions on behalf of the detenues.
In his petitions, Qazi Anwar Advocate, through M. S. Khattack, AOR, prayed to the court to order the release of all those arrested, as no charge had yet been framed against them.
The petitioner said he was an aggrieved person as required under Article 199 of the constitution for invoking the jurisdiction of the court.
He prayed to the court to declare the arrests, confinement and the manner of confinement of detenues as illegal and unlawful.
He cited the federal government through the ministry of interior, the NWFP government, the inspector-general of police and the Kohat district Nazim as respondents.
The petitioner further prayed to the court to direct the respondents to ensure that the detenues were treated decently and their dignity was respected as required by the constitution and to provide them with medical treatment and consultation with the advocate of their choice.
He requested the apex court to direct the respondents notto hand over the detenues to any country and set them at liberty.