ISLAMABAD, Aug 30: Islamabad High Court on Tuesday dismissed bail plea of a man facing charges of money laundering and smuggling heroin to the United States.

According to the court documents, the petitioner, Naurab Khan, entered into an agreement for sale of truck tyres with Khan Baba Abdul Rasool, a resident of Peshawar, on October 10, 2003.

On August 2, 2005, the US embassy requested Pakistan for the extradition of Naurab Khan and Khan Baba Abdul Rasool. The additional deputy commissioner (general) ADCG, Islamabad, issued non bail-able warrant under section 7 of the Extradition Act against Naurab and he was arrested on June 6, 2006. He was released on bail by IHC on February 12, 2009. After concluding his inquiry, the ADCG directed that Naurab be kept in prison till the final order of the federal government.

The petition said Naurab remained on bail under the orders of IHC and associated himself with the inquiry, requesting that in view of his conduct, he should be released.

But dismissing the bail plea, Justice Riaz Ahmed Khan observed: "the magistrate has the authority to order that the fugitive offender be taken into custody and kept in prison. The inquiry magistrate, however, has the authority to pass any order regarding bail as well. The order of the inquiry magistrate is not unlawful and without jurisdiction."

Khurram Latif Khosa, counsel for Naurab, told Dawn that he would challenge the IHC order in the Supreme Court. Pointing out flaws in the report of inquiry magistrate, he said the probe was based on telephonic conversation which was not verified.

According to him, Naurab was exporting truck tyres to the US whereas heroin was smuggled through DHL courier service and there is no proof of payment of money. The counsel added that all witnesses against the petitioner are residents of the US and not a single witness has appeared before the magistrate. Khosa said authorities did not arrest Khan Baba who was also facing the same charges. Chief Justice IHC Iqbal Hameedur Rehman on August 12 has restrained the authorities from extraditing Naurab to the US, he added.

Meanwhile, the IHC also dismissed a habeas corpus petition of two alleged suspects who were acquitted in high profile terrorist cases but still detained in Adiala Jail.

Justice Riaz Khan dismissed the petition seeking release of detained Mohammad Ilyas and Mohammad Rizwan, saying that despite repeated court calls nobody appeared on behalf of petitioners. The two men had been acquitted in high profile terrorist cases - suicide attack on the army's surgeon general, Lt-Gen Mushtaq Baig, a military bus near NLC Headquarters Rawalpindi, and Danish Embassy - in Rawalpindi and Islamabad last year by Anti Terrorist Courts.