PESHAWAR, Sept 17 The Peshawar High Court on Thursday put the Military Intelligence on notice in a writ petition challenging the alleged illegal detention of former commissioner of Malakand division Syed Mohammad Jawed for over 110 days.

A bench comprising Chief Justice Tariq Pervez Khan and Justice Mohammad Safdar Khan Sikandari also directed that the Inter Services Intelligence should be issued a fresh notice through the deputy attorney general.

Although the MI was not mentioned as a respondent in the case, the bench observed that as the liberty of an individual was involved, they would put it on notice.

The bench was hearing the petition filed by Syed Mohammad Hamid, challenging the disappearance of his brother, Mr Jawed, since May 25 when he was allegedly taken into custody by ISI officials.

At the outset of the proceedings the bench enquired from NWFP Advocate General Ziaur Rehman about the whereabouts of Mr Jawed. Mr Zia told the court the man was not in the custody of any of the provincial law-enforcement agencies, neither he was arrested on the orders of officials of the provincial government.

Deputy Attorney General Mohammad Iqbal Mohmand told the bench that he had contacted local officials of the ISI and the MI, but they did not give him any information, adding they had not been issued any notice by the court.

On his request, the bench decided to issue a notice to in-charge of the MI at Peshawar and a fresh notice to the sector in-charge of the ISI.

Advocate Yahya Afiridi appeared for the petitioner and contended that Mr Jawed had been missing since May 25 and had not been produced before any court till date.

The petitioner prayed the court to direct the respondents to produce Mr Jawed before the court and declare the respondents' actions of detaining him without lawful authority, illegal and void ab initio.

He further requested the court to direct the respondents to release the man from illegal and unlawful custody.

Mr Jawed was posted as commissioner of Malakand after the Feb 16 agreement between the provincial government and the Tehrik Nifaz-i-Sharia-i-Muhammadi.

Later, after the military operation was launched in Swat he was allegedly taken into custody apparently on the charge of having links with the militants, but so far his detention has not been made public.

The respondents in the petition are NWFP chief secretary, provincial home secretary, sector in-charge of ISI; secretary for interior division, Islamabad, Peshawar capital city police chief, SHO of East Cantonment police station and others.