PESHAWAR, May 3: A two-member bench of the Peshawar High Court on Friday summoned the Assistant Political Agent of Upper Orakzai Agency for allegedly keeping a person in illegal detention.
The bench, comprising Justice Malik Hamid Saeed and Justice Abdur Rauf Lughmani, took up for hearing a petition filed by an inhabitant of Orakzai Agency, Dost Muhammad, stating that he had been detained by the tribal administration for a business transaction occurred in the UAE.
The bench inquired whether the officials of tribal administration were empowered to interfere in an affair which had taken place abroad.
Advocate Wali Khan Afridi appeared for the petitioner and argued that a former MNA from Federally Administered Tribal Areas (FATA) had lodged a complaint with the APA of Orakzai Agency against Dost Muhammad. He stated that the complainant claimed that Dost Muhammad had rented his property in the UAE and did not pay the rent.
Mr Afridi contended that the petitioner was arrested under the Frontier Crimes Regulations (FCR), which was an illegal act. He argued that the APA had no authority to detain a person under the FCR as the transaction had taken place outside his jurisdiction.
The bench decided to summon the APA for ascertaining the real position.
FIR QUASHED: A single bench of the high court on Thursday quashed an FIR registered against a notable of Takhtbhai, Mardan district, by officials of police station Takhtbhai.
A petition was filed by Lal Sher, stating that he had a business transaction with Shah Khan and he had extended a loan of Rs0.8 million to him. He stated that, later on, Shah Khan was reluctant to return the money following which a jirga resolved the dispute between them. The jirga, he stated, decided that Shah Khan would give him a vehicle worth Rs one lakh and Rs four lakh in cash.
His counsel stated that after the vehicle was given to the petitioner, Shah Khan registered an FIR against him for fraudulently taking away his car. He stated that said the FIR was illegal and against the law as the complainant had voluntarily handed over the vehicle.
