PESHAWAR, Jan 12: The Peshawar High Court on Friday put on notice the provincial government in a writ petition challenging detention of a tribal notable under the Maintenance of Public Order (MPO) Ordinance.

A two-member bench, comprising Justice Ijaz Afzal and Justice Fazlaur Rehman Khan, took up for hearing the petition filed by the detainee, Abdul Jalil, who was arrested on the order of the provincial home secretary on December 30, 2006.

Belonging to Ekka Ghund in Mohmand Agency, Jalil was charged with instigating the general public to cultivate poppy in some areas which, in the past, were considered part of the agency, but were declared as settled areas a few years back.

The government also accused him of instigating the people not to cooperate with the police and resist the setting up of police station and police posts in those areas. The provincial government ordered his detention under section 3 of the MPO for a period of one month.

Ijaz Khan Sabai, petitioner's counsel, contended that no person could be detained under the MPO on flimsy grounds. He said the poppy cultivation season ended in the agency in early November whereas Jaill had been charged at the end of December.

“Why would he (Jalil) instigate the people to cultivate poppy when the season was already over,” argued the counsel.

He said various cases had already been registered against the detainee, and in such a condition a person could not be detained under the MPO.

He referred to a judgment of the Supreme Court and contended that the apex court had clearly ruled that if one of the grounds of detention could not be proved, the entire order became doubtful.