April 29, 2008	Tuesday	Rabi-us-Sani 22, 1429

PESHAWAR, April 28: Brother of a mental patient arrested by the administration of Khyber tribal region after his release by the Nato forces has challenged his detention before the Peshawar High Court on Monday.

A habeas corpus petition was filed by Sawab Sher, brother of the alleged detainee Muhtaram Sher, a resident of a suburban locality of the provincial capital.

The petitioner requested the high court to direct the assistant political agent of Landi Kotal (Khyber Agency) to produce the detainee in the court and to set him at liberty.

The respondents in the petition are: APA Landi Kotal, the political agent of Khyber Agency, government of NWFP through secretary home department and the additional chief secretary (Fata). The petition was filed through advocate Amneeur Rehman.

The petitioner claimed that the detainee was about 22 and was suffering from chronic schizophrenia. He stated that the detainee was hospitalised several times at the Sarhad Hospital for Psychiatric Diseases and had remained under treatment of known consultant psychiatrist Dr Muhammad Tariq.

Last time, he stated, the detainee was admitted to the said hospital and was finally discharged in March 2006. He added that he took the detainee to his village Jamalabad near Mathra area from where he disappeared.

Few months ago, he claimed, the SHO of Mathra police station came to their residence and was enquiring about the detainee. He added that the SHO disclosed to them that Muhtaram Sher was under detention of the Nato forces in Afghanistan. The petitioner stated that they provided all the relevant documents to the SHO regarding the chronic illness including the certificate issued by Dr Muhammad Tariq. He added that the reports were sent to Afghanistan and resultantly the detainee was released by the Nato forces and was sent to Pakistan.

He claimed that on his return to Pakistan after his release by the Nato forces, the detainee was arrested by the APA, Landi Kotal in Jan 2008 and since then he had been behind the bars.

The petitioner stated that the detainee was innocent and suffering from serious disease and was under treatment and even not able to introduce himself properly, therefore, his arrest was abuse of powers and attracted the jurisdiction of the high court.He stated that the petitioner had been behind the bars since 2006 without any treatment, hence his life was in danger. He added that his detention was unconstitutional and illegal.