May 21, 2008	Wednesday	Jamadi-ul-Awwal 15, 1429

PESHAWAR, May 20: The Peshawar High Court on Tuesday sought explanation from additional advocate-general Ikramullah Khan and a tehsildar of the tribal administration if the assistant political agent (APA) could detain a person under the Frontier Crimes Regulation in a civil dispute pertaining to a settled area.

A two-member bench comprising Justice Jehanzeb Raheem and Justice Ghulam Mohiuddin Malik took exception to the detention of a businessman under the FCR and directed the administration to clarify the situation on Wednesday (May 21).

The court directed the administration to order release of the detainee on bail with the condition of furnishing two sureties of Rs200,000 each. The bench was hearing a writ petition filed by Nasir Khan, who is dealing in transport business in Karachi, challenging his detention on the order of the assistant political agent.

Wali Khan Afridi appeared for the petitioner and contended that his client belonged to the Hassankhel tribe of Frontier Region of Peshawar and he had been running his business in Karachi. He said the petitioner had been arrested on Nov 1, 2007, on the charge of having business disputes with various persons of the FR, Peshawar. He said the business deals had taken place in Karachi and the assistant political agent had no powers to assume jurisdiction in such like civil disputes.

The tehsildar told the court that there were numerous complaints against the petitioner and he had allegedly misappropriated more than Rs45 million of different people in business deals and a decree had also been issued against him by the administration of the Kohat FR. To maintain law and order in the area, he said, they had to arrest the petitioner.

The court directed him to issue an order for releasing the detainee on two sureties of Rs200,000 each and produce the order in the court on Wednesday.