APA summoned in detention case

Published December 20, 2003

PESHAWAR, Dec 19: A two-member bench of the Peshawar High Court summoned on Friday the Assistant Political Agent (APA) of the Mohmand Agency in a writ petition challenging detention of a person.

The bench comprising Justice Shahjehan Khan and Justice Fazalur Rahman ordered that the APA should appear before the court on Jan 13, 2004.

The petition was filed by Jamil Shah, son of the detainee, Ajmeer Shah, challenging the authority of the APA who had arrested his father in a monetary dispute related to the settled area.

The petitioner stated that the detainee was shifted to Mohmand Agency against the provisions of the Criminal Procedure Code and he was not produced before any court.

The petitioner claimed that his uncle Rasheed Khan was having a dispute with Anwer Khan, whose brother was an employee at the office of the APA. He added that his father was taken away to Mohmand Agency and had been in illegal detention there.

He stated that the APA has made another person as guarantor and directed that Rs90,000 should be paid to him following which the detainee would be released.

The petitioner contended that the APA had no legal authority to interfere in a dispute taking place in settled areas.