October 21, 2008	Tuesday	Shawwal 21, 1429

PESHAWAR, Oct 20: The Peshawar High Court on Monday put on notice the director general of Military Intelligence (MI), deputy superintendent of police and station house officer of Matta Tehsil, Swat District, in a habeas corpus petition challenging the alleged illegal detention of a person who has been missing for more than eight months.

A two-member bench comprising Justice Jehanzeb Raheem and Justice Syed Mussadiq Hussain Gillani fixed Oct 21 (Tuesday) for next hearing of the petition filed by Banaras Khan, brother of the alleged detainee, Ghafar Khan, a resident of Kuza Bamkhela, Matta Tehsil.

The petition is filed under Article 199 of the Constitution. The petitioner’s counsel Behlol Khattak contended that the detainee was arrested by the Matta deputy superintendent of police on Jan 1, 2008, and then handed over to Colonel Mustapha of Military Intelligence who took him to the Circuit House, which is now the interrogation centre of the security forces there.

He stated that many other people were also arrested along with him but after thorough interrogation the detainee and other family members were released on personal surety bonds as nothing was proved against them.

Mr Khattak contended that after few days of his release the detainee was again called by the DSP Swat, SHO of Matta police station and officials of MI to Circuit House. Since his arrest, he said, neither the local police produced the detainee before any court of law nor could prove him involvement in any criminal/anti-state activities going on in the violence-hit district of NWFP.

He submitted that the detainee once contacted his family in the month of August and said that he was present at Circuit House and was under interrogation and may be released soon. However, he was not released till date.

The petitioner stated that he wrote several applications to the president of Pakistan, Interior Ministry and secretary Home and Tribal Affairs Department but no action whatsoever had been taken so far for the recovery/production of the detainee.

He submitted that arrest and detention of Ghaffar Khan by respondents was not only against the law but also against the fundamental rights guaranteed under the Constitution.

The petitioner has made DSP Matta and SHO Matta, provincial police officer of NWFP, provincial government through home department, the DG of MI and ISI and the government of Pakistan through defense secretary as respondents in the petition.