PESHAWAR, Jan 9: The Peshawar High Court on Monday admitted a writ petition challenging detention of five persons for more than six months under the Frontier Crimes Regulation (FCR).

A two-judge bench comprising Justice Muhammad Raza Khan and Justice Jehanzeb Raheem issued notices to the respondents, including the assistant political agent of Kohat-Frontier region, who had issued the detention orders.

The detainees belong to the tribe of an alleged car-lifter who is wanted by the tribal administration in different cases of car-jacking. As the administration could not apprehend accused Ameer Said alias Charg, they, on June 21, 2005, arrested his tribesmen Shah Said, Gul Said, Jum Said, Saifullah and Asifullah under the ‘collective responsibility clause’ of the FRC from Khan Mast colony to force him surrender before the administration.

Advocate Abdul Lateef Afridi contended on behalf of the detainees that their detention under the FCR was illegal inasmuch as they were picked from an area not falling within the territorial jurisdiction of the tribal administration.

He argued that the administration had not fulfilled the requirements under the Criminal Procedure Code while shifting the detainees to the tribal area. He said that the detainees could not be held responsible for any illegality committed by a member of their tribe.

Additional advocate general NWFP Arbab Usman raised preliminary objection on maintainability of the writ petition and stated that the high court could not exercise jurisdiction in tribal areas in view of article 247 of the constitution. He stated that the detainees had been kept in FATA, therefore, the petition was liable to be dismissed.

The counsel for petitioner, on the other hand, argued that the detainees were picked from the territorial jurisdiction of the Peshawar High Court and the court could look into the issue.

After preliminary arguments, the court admitted the petition to regular hearing and ordered issuance of notices to the respondents.