PESHAWAR: A Peshawar High Court bench has declared illegal the detention of two Tehreek-i-Labaik Pakistan activists under the Maintenance of Public Order Ordinance on the order of Kohat’s deputy commissioner.

Chief Justice Waqar Ahmad Seth and Justice Mussarat Hilali disposed of a petition jointly filed by two residents of Kohat, including Pir Salim Shah and Attiqur Rehman, against their detention under the MPO, and ordered their release if they’re not wanted in any other case.

The petitioners were taken into custody by the local police on Nov 23 during a countrywide crackdown on the TLP activists.

Declares 30-day detention illegal

The deputy commissioner of Kohat had issued orders under Section 3 of the MPO for detaining them for a period of 30 days.

The DC had claimed in the order that the two were posing threat to public order through their conduct.

Shabbir Hussain Gigyani, lawyer for the petitioners, said his clients were respectable citizens and had never been charged for committing any offence.

He said the administrations of different districts had issued stereotyped orders under the MPO through which scores of people were detained under the MPO.

The lawyer said if the petitioners were involved in creating any unrest in society, they should have been charged under the Pakistan Penal Code.

He said no evidence was available against his clients to show that they instigated the people to create unrest in society.

The lawyer said his clients were no threat to public peace and tranquility and therefore, invoking Section 3 of the MPO against them was illegal.

An additional advocate general contended that in the past, the petitioners were involved in the blockade of roads and damaging of public properties and since it was feared that they would resort to similarly acts again, orders for their detention were issued.

ACQUITTED: An additional district and sessions judge has acquitted two people charged with smuggling a huge quantity of contraband over two years ago.

Judge Ashfaq Ali Haider ruled that the prosecution failed to prove the charge against Imran Khan and Farhad and that the evidence on record did not connect them with the commission of the offence.

The prosecution claimed that 50kg charas was recovered from the accused by the officials of Chamkani police station near the Motorway Toll Plaza here on Apr 13, 2016, as they travelled in a car.

The two were charged under Section 9-C of the Control of Narcotics Substance Act.

The defence counsel contended that the prosecution witnesses had recorded conflicting statements regarding the recovery of the contraband.

He argued that the prosecution failed to show any secret cavities in the car in which the accused travelled, while the Forensic Science Laboratory’s report about seized narcotics was dubious as it was produced after a delay of several days.

Published in Dawn, December 14th, 2018