PESHAWAR, Jan 17: The Peshawar High Court on Tuesday disposed of a petition against a University of Peshawar (UoP) employee’s ‘illegal’ detention after learning about his shifting to an internment centre in Swat.

A bench consisting of Chief Justice Dost Mohammad Khan and Justice Waqar Ahmad Seth observed that as the whereabouts of Adil Shah reportedly missing for around 18 months had become known and that he had been detained under a law and therefore, the petition became infructuous.

Earlier, deputy attorney general Mohammad Iqbal Mohmand informed the court that the alleged detainee had been shifted on November 23 last year to a notified internment centre established at the building of PAITHAM (Pak Austrian Institute for Tourism and Hotel Management) in Swat and that his name was present on a list of persons given in the custody of the provincial government under the Action (In Aid of Civil Power) Regulations.

The petition was filed by wife Sabeeha of the alleged detainee, a junior clerk at Khyber Law College, UoP.

Nek Nawaz Khan, counsel for the petitioner, said Mr Adil, a resident of Sufaid Dehri in Peshawar, was taken into custody by security forces on July 11, 2010 during a raid on his house and that later it was learnt that he was in the custody of Colonel Ihsan Khattak of the 18 FF regiment stationed in Swat.

During successive hearings, intelligence agencies and police expressed ignorance about Mr Adil’s whereabouts denying that he was in their custody.

Disposing of the petition, the court said the petitioner could file fresh petition to challenge her husband’s detention under the Action (In Aid of Civil Power) Regulations.

Meanwhile, the chief justice said the courts were to safeguard the people’s fundamental rights.

The observation was made during the hearing into a habeas corpus petition filed by Imran Khan, who claimed that his lawyer brother Aurangzeb Khan was taken into custody by security forces at a checkpoint near Gora Qabristan area along with another lawyer Fazal Ilahi Khan.

He said though Mr Ilahi was freed, whereabouts of his brother were unknown.

During previous hearings, the court had ordered production of the record of security personnel manning the said checkpost on the day when the two men had gone missing.

Deputy judge advocate general of Pakistan Army Captain Nargis informed the bench that security personnel had been deputed there

through verbal communication of which proper record had not been maintained. She added that the duty chart was discarded after certain duration.

The bench expressed surprise at her statement and said such things could happen in Afghanistan not Pakistan, which had a well organised army. It further said the court respected Pakistan Army and other intelligence agencies but they had to operate in a limit ordained by the Constitution.

Chief Justice Dost Mohammad Khan said investigation into cases was the job of police not the army, but if cases pertained to espionage, then security personnel could intervene.

The court directed the official to provide the name of the field commander supervising the said checkpost.

It also reprimanded the Michni Gate police station officials, who claimed that they were on duty in the area but knew nothing about the said incident.

The court asked them to fear Almighty Allah and reveal facts about the case to the court.