PESHAWAR, Dec 28: The detention of Maulana Sufi Mohammad, chief of proscribed organization Tehrik-i-Nifaz-i-Shariat Muhammadi, was challenged on Saturday in the Peshawar High Court.
Former MNA Jawed Ibraheem Paracha and a relative of Sufi Muhammad, Manzoorullah, filed a joint writ petition praying the high court to declare his detention as illegal.
Maulana Sufi Muhammad and his 28 supporters were convicted by the assistant political agent of Kurram Agency on March 30, 2002, in his capacity as additional district and sessions judge.
They were sentenced on three counts to seven years rigorous imprisonment.
The petitioners stated that except Maulana Sufi Muhammad, the remaining convicts had filed revision petitions before the Frontier Crimes Regulations Tribunal and their appeals were accepted on Feb 1, 2003.
The tribunal comprising the provincial home and law secretaries ordered release of the said 28 members.
The petition filed by senior advocate Qazi Muhammad Anwer states that Sufi Muhammad had not filed any appeal against the judgment of the assistant political agent as it was Sufi Muhammad’s stand that he had not committed any crime on the soil of Pakistan.
The petitioners stated that Sufi Muhammad could neither be arrested nor tried or convicted here as he had not committed any crime here.
His 28 supporters, they said, were convicted on the same charges and were released from prison, therefore the detention of Maulana Sufi Muhammad should also be declared illegal and his release order might be issued.
The respondents in the petition are the NWFP government through the home secretary, Frontier inspector general of prisons, superintendent of D.I. Khan central prison and the assistant political agent of Kurram Agency.
Maulana Sufi Muhammad and his supporters had gone to Afghanistan to fight against American forces and were arrested while returning back to Pakistan.
They were convicted on three counts: for carrying explosive substances and lethal weapons, display of heavy weaponry and illegal entry into Pakistan from Afghanistan.