PESHAWAR, Feb 14: The Peshawar High Court on Thursday admitted to full hearing a writ petition challenging registration of a case against 79 peasants under the Anti-Terrorism Act, 1997.

A division bench, comprising Justice Tariq Pervaiz and Justice Tallat Qayyum Qureshi, fixed the case for Tuesday and directed the advocate general to assist the court.

The petition was filed by Noor Rehman and others on behalf of the 79 persons, 26 of whom are in prison, stating that when anti-terrorism courts have not yet been established in the province, the district and sessions judge had no authority to conduct proceedings under the ATA.

The petitioners stated that the Mardan Senior Superintendent of Police Liaqat Ali tried to vacate a vast piece of land from them through use  of force, but due to their resistance he failed to achieve his objectives.

They stated that the SSP claimed that the land in Charssada district belonged to his mother. They claimed that due to the same reason the police concerned had registered an FIR against 79 of them under sections 6 and 7 of the ATA.

The petitioners added that the detained persons were produced before the district and sessions judge who conducted proceedings under the ATA and sent them to prison.

Barrister Jehanzaib Raheem appeared for the petitioners and argued that under Section 13 of the ATA the anti-terrorism courts had to be set up in the province. He contended that the anti-terrorism courts had the exclusive jurisdiction to deal with cases falling under the said law.

Barrister Raheem contended that the district and sessions judge had overstepped his jurisdiction by assuming powers under the ATA while  the government had not delegated any power on him under the law.

He requested that the court should quash the FIR registered against the petitioners and set them at liberty.