LAHORE, May 31: The federal review board on Saturday refused to extend the preventive detention of Dr Ahmad Javed Khwaja and Ahmad Naveed Khwaja, and ordered the state to set them free if they were not required in any other case.

The three-member board examined the incriminating material against them and turned down the interior ministry’s request for further extension in detention under the Security of Pakistan Act, 1952. The board declared the grounds for extension in detention insufficient.

However, the Khwaja brothers were taken back to the Kot Lakhpat Jail under tight security arrangements immediately after board’s in-camera proceedings ended. Their counsel Pervez Inayat Malik quoted the jail superintendent as saying he had not received the release orders in writing.

Initially, five members of the Khwaja family were detained under Section 3 of the Security of Pakistan Act, 1952, on Dec 30 on the charge of harbouring Al Qaeda activists at their Manawaan residence. Dr Umar Karar, Dr Khizar Ali and Mohammad Usman were released by the Lahore High Court on Feb 17.

The court, however, had refused to grant relief to the two brothers who moved the Supreme Court against the LHC verdict. Their appeal is pending for adjudication.

The state extended Khwajas’ detention on March 29, till Saturday’s meeting of the review board. This time the state levelled espionage charge against them.

An anti-terrorism court on May 27 acquitted the two of charges pertaining to indiscriminate firing on a police party and possessing four illegal passports. However, the Khwajas could not be released as they were undergoing preventive detention which was finally disallowed by the board on Saturday.

The ATC had chargesheeted the Khwajas under Sections 7-b and 7-h of the Anti-Terrorism Act, 1997, along with Section 13 of the Arms Ordinance 1965. The court had refused to incorporate in the chargesheet the main allegations against them of harbouring Al-Qaeda activists on the grounds that the prosecution did not produce the relevant evidence in the retiring room of the judge despite his clear instructions.