August 31, 2007	Friday	Sha’aban 17, 1428

PESHAWAR, Aug 30: The Peshawar High Court on Thursday directed the administration of Frontier Region of Lakki to release two boys imprisoned under the Frontier Crimes Regulation (FCR) for more than three years.

The boys, aged about 13 years, were among the 21 members of an extended family of an outlaw called Arsal Khan, who were arrested by the government in May 2004.

The other arrested persons were released by the government after they remained in prison for various durations, whereas the two young men continue to be incarcerated in the Bannu central prison.

The two boys — Wasil Khan, son of Arsal Khan, and his cousin Sadiq Mohammad — were sent to prison under section 40 of the FCR for three years by the assistant political agent of FR Lakki Marwat on May 5, 2004.

A petition was filed by Ms Khair Bibi, wife of Arsal Khan, for the release of the two boys. The petitioner, who was arrested in 2004 and released later on, stated that their other family members had subsequently been released but the two boys were still in the Bannu prison.

A two-judge-bench comprising Chief Justice Tariq Pervez Khan and Justice Hamid Farooq Durrani took exception to the continuous detention of the boys and asked why they had to suffer for the wrongdoing of their elders.

The political tehsildar of FR Lakki, Ali Akbar, appeared before the bench and stated that they had been imprisoned under the FCR. He added that the age of the boys had not been determined. He confirmed that the other family members had been released and only the two boys were left in prison.

The assistant superintendent of Bannu prison, Mohammad Rauf, stated that the medical examination of the boys was not conducted so their exact age could not be confirmed. However, he added that they were apparently below 15.

Advocate Saleemullah Khan Ranezai appeared for the petitioner and contended that it was inhuman to detain boys under the FCR. He added that they had already completed a prison term of three years.