PESHAWAR, March 2: The Peshawar High Court on Thursday ordered police to register an FIR in connection with the alleged detention of a man by a security agency for the last 17 months.

A two-member bench comprising Chief Justice Tariq Pervez Khan and Justice Qaim Jan Khan disposed of a writ petition filed by Muhammad Zarin, father of detainee Muhammad Shafiq, as none of the respondents, including the federal and provincial governments, had accepted responsibility for his disappearance.

The bench observed that the police was obliged to register an FIR on the abduction since it was clear that the detainee had disappeared from Charbagh bazaar.

The bench directed the in-charge of the police post in Charbagh area (Swat), Sub-inspector Dilaram Khan to register the FIR under section 365 of the Pakistan Penal Code, which deals with kidnapping.

The police official said an investigation had been conducted in the light of the petitioner’s statement, but the whereabouts of Muhammad Shafiq could not be ascertained.

The bench told Mr Dilaram that it was his responsibility to protect the life and property of citizens in the area. It pointed out that when the detainee’s disappearance was brought to his knowledge he should have registered the FIR on the complaint of the boy’s father.

The petitioner Muhammad Zarin has alleged that his son was picked up by an intelligence agency official on Sept 28, 2004, with the support of the local police. He had been taken from his garment store in Charbagh.

Advocate Bashir Khan Tanghi, who appeared for the petitioner, said that the detainee had been in illegal detention for more than 17 months. Mr Tanghi said the detainee had neither been produced before a court of law nor were his relatives informed about his whereabouts.

Although the petitioner had sent applications to different high-ups, he said his grievances were not addressed at any forum. Mr Tanghi said an intelligence agency suspected that he was a member of the proscribed Jaish-i-Muhammad and was involved in acts of terrorism, but insisted that the man was innocent and had never been charged in any act of terrorism.

The petitioner claimed that his son was picked from his garment store in a busy market of Charbagh area in Swat district. He also gave names of various persons as witnesses stating that the detainee was picked up in their presence from the market.