PESHAWAR, Nov 6: Chief of Jamaat-i-Islami, Qazi Hussain Ahmad, has challenged his house arrest by the NWFP government here in the Peshawar High Court on Tuesday.

A division bench of the court will take up the writ petition filed by the JI’s chief for preliminary hearing on Nov 8.

Through the petition, Qazi Hussain Ahmad has prayed the court that the impugned order issued by the provincial government under the Maintenance of Public Order Ordinance be declared as illegal and against the law.

The petition was filed through advocates Arif Khan and Arbab Usman, a panel of lawyers which will represent him in the high court.

Qazi Hussain Ahmad has stated that on Nov 3 the Secretary Home Department served a notice on him wherein he was directed not to reside, remain or enter any part of Bajaur Agency.

Subsequently, he added, the provincial government issued another order bearing No. 13/5-SOS-I(HD) 2001 on Nov 5 wherein the petitioner was confined to house arrest.

The petitioner stated that he got no other remedy except to invoke the extra ordinary jurisdiction of the high court for redressal of his grievances.

He contended that the impugned order was based on malafide and the activities of the petitioner were not prejudicial to the public peace and tranquillity.

The respondents in the petition are Government of NWFP, Secretary to Government of NWFP Home and Tribal Affairs Department, district coordinating officer, Peshawar, district Nazim Peshawar, Inspector General of Police, NWFP, Deputy Inspector General of Police, Peshawar and Senior Superintendent of Police, Peshawar.

Mr Ahmad has claimed that he was organising the public opinion in the supreme interest of this country and according to the constitution.

He added he had supported and led the public opinion in accordance with prevalent rules and law and no law of the land had been violated by him.

Meanwhile, about the sedition case registered against Qazi Hussain Ahmad in Mardan district, his counsel told Dawn that they had been trying to acquire a copy of the FIR registered there.

He claimed that it was yet not clear whether the government had shown his arrest in that case or not.

“After confirming his arrest in that case we will file his bail petition in the sessions court at Mardan,” he informed.