PESHAWAR, Dec 3: The leader of an Afghan political organization, Shan Bacha Shinwari, has challenged before the Peshawar High Court his detention under the Frontier Crimes Regulations (FCR) by the tribal administration of Khyber Agency.

A writ petition was filed by Haroon Bacha, nephew of the detainee, stating that the detention of Shah Bacha was illegal and against the Constitution of Pakistan.

The petitioner stated that his uncle Shah Bacha Shinwari was chief of the Afghanistan National Defender Islamic Front and was a law abiding citizen. He added that he had never indulged in any crime on Pakistani soil.

The petition was filed through advocate Wali Khan Afridi, stating that the detainee was arrested by the local police near Gul Haji Plaza in the jurisdiction of University Town police station on Sept 12. Later on, he claimed that he was handed over to an intelligence agency.

After remaining in the custody of the agency for about a month, he claimed that he was handed over to the tribal administration of Khyber Agency and had now been detained in the lock-up at Khyber House.

The petitioner contended that Shah Bacha’s detention was against the law as he had not been produced before any court in the settled area. He added that under the Criminal Procedure Code a detainee had to be produced before the court of judicial magistrate before shifting to tribal area. He added that the detainee had yet not been communicated the grounds of his illegal detention.