PESHAWAR, Feb 13: The NWFP government on Wednesday informed the Peshawar High Court that the Al Qaeda suspects were taken into custody by the army under the national security laws and contended that the petition challenging their detention was not maintainable.
In comments filed in reply to a habeas corpus petition of former Pakistan Muslim League MNA Jawed Ibraheem Paracha against the detention of suspected Al Qaeda members, the provincial government stated that the detainees belonged to terrorist outfits and they were sent to Afghanistan.
Comments were also filed by the NWFP government in reply to another petition of the same petitioner challenging detention of 145 Pakistanis, who were arrested while returning from Afghanistan.
The government stated that the detainees, arrested under section 40 of Frontier Crimes Regulations, were under trial prisoners.
A division bench, comprising Justice Khalida Rachied and Justice Abdur Rauf Leghmani, took up the petitions for hearing. At the outset of the proceedings the bench was informed that the NWFP government had filed its comments, whereas the federal government had yet to file it.
The bench fixed Feb 26 for next hearing and directed that the federal government should file its comments.
About the detention of 57 suspected Al Qaeda members, the provincial government stated that 43 of the persons whose names were given by the petitioner, were taken into custody by the army. It stated that the petition was liable to be dismissed as no detainee was presently in custody of any of the respondents.
The government refuted the petitioner’s contention that the detainees had been handed over to another country, stating that after interrogation they had been sent back across the border.
About the detention of Pakistanis, the government stated the detainees, affiliated with terrorist groups in Afghanistan, were arrested while infiltrating into Pakistan by the political authorities and they had entered Pakistan with motives of terrorism and espionage. They are now under trial prisoners and lodged in Haripur Central Prison, it added.