05 November 2004	Friday	21 Ramazan 1425

PESHAWAR, Nov 4: The Peshawar High Court on Thursday sought explanation from the federal government about medical treatment provided to ailing Palestinian prisoner Yousaf bin Yousaf.

A two-member bench comprising Chief Justice Nasirul Mulk and Justice Qaim Jan Khan directed the deputy attorney-general to inform the court on Nov 11, the next date of hearing, about the government's decision in the matter.

The deputy advocate-general, Ayaz Khan, informed the court that the superintendent of the Peshawar central prison had expressed inability to provide 'proper' medical treatment to Mr Yousaf owing to lack of facilities in the jail. According to the DAG, the superintendent had said that he could not shift the prisoner to the hospital for security reasons unless the government issued specific directives to this effect.

Besides, a private organization, Al Khidmat Welfare Trust, sought permission of the court to take care of the elderly Palestinian's health.

Advocate Qazi Muhammad Anwer, representing the petitioner, said several private persons had agreed to make arrangements for Mr Yousaf's treatment.

The bench observed that it was the government's responsibility to provide treatment to ailing prisoners.

The bench was hearing a contempt of court petition filed by a citizen, Jawed Ibraheem Paracha, against detention of six foreigners. Through his petition, Mr Paracha had also requested for providing medical treatment to Mr Yousaf, who has been recently shifted to Peshawar from Adiala prison.

About another prisoner, Havaldar Muhammad Kibriya, the deputy attorney-general informed that the federal government had not yet verified his nationality. Earlier, it was stated that Mr Kibriya belonged to Bangladesh, but later it came to light that he possessed a Pakistani identity card.

Initially, the petitioner had filed a writ petition against detention of 11 foreigners, mostly Arabs. In Dec 2003, the high court disposed of the petition after the federal and provincial governments gave assurances that the detainees would be deported.

However, only five of the detainees were deported. After filing of the contempt petition four more were repatriated, leaving two in detention.

In his current petition, Mr Paracha has contended that the federal and provincial governments have committed contempt of the court by not deporting the detainees in accordance with the court directive.

The 11 men were arrested while crossing into Pakistan from Afghanistan between 2002 and 2003. They were charged by the concerned political agent under section 40 of the FCR and section 14 of Foreigners Act.