PESHAWAR, Jan 3: The Peshawar High Court on Thursday dismissed bail petitions of two suspects charged by the local police with possessing huge quantity of detonators and chemicals used in manufacturing of explosives.
A single-bench of Chief Justice Dost Mohammad Khan observed that the suspects, including Asif Islam and Toti Khan, did not deserve to be freed on bail keeping in view the evidence on record.
The suspects were arrested by police on Dec 5, 2012 after a raid on a warehouse in Chamkani area. The police alleged that during the raid they had recovered 267 sacks of potassium chloride, which could be used in explosives, 10 packets each of detonators and remote controls and 96 bundles of safety fuses.
Counsel for the petitioners stated that Asif Islam was owner of the warehouse and Toti Khan its watchman. He said that Asif had rented out his property to two persons named Qari Faizur Rehman and Naqibullah and they had been using it as a junkyard. He stated that the petitioners had nothing to do with the items stored therein.
He contended that a third suspect in the case was arrested by the police, but he was not mentioned in the record.
The state counsel argued that the petitioners could not produce any rent deed to prove that the warehouse was rented out.
During arguments, the chief justice observed that Afghan refugees had been bringing sophisticated weapons, explosives, etc to this province in the guise of exporting scrap. He observed that the government had not been taking any action in this regard which had resulted in increase in acts of sabotage.
Meanwhile, the bench ordered the Frontier Corps (FC) to vacate within three days residence of a family allegedly occupied by it since November last year. The bench also sought explanation from the inspector general of FC and the home department as to why the said residence was occupied.
The bench was hearing a petition filed by one Haji Amal Khan, stating that his extended family comprising 42 persons had been living at the residence spread over 35 kanals here on Bara Road.
His counsel contended that in November last year the FC personnel occupied their house on the pretext of construction of a road in the area and the petitioner’s family had now been living in tents.
The chief justice observed that residence of a person could not be occupied in such an arbitrary manner and it was in violation of Article 14 and 24 of the Constitution.