PESHAWAR, Jan 22: The Peshawar High Court on Wednesday issued notices to the NWFP advocate-general and deputy attorney-general in a writ petition challenging detention of a person allegedly by the Inter-Services Intelligence (ISI) agency for the last three months.

A two-member bench, comprising Justice Nasirul Mulk and Justice Qaim Jan Khan, directed that the AG and DAG should assist the court on Jan 23. The petition has been filed by Ms Ameena, wife of detainee Abdul Khalil, resident of Abshar Colony, Warsak Road.

Barrister Adnan Saboor Rohaila appeared for the petitioner and argued that the respondents, including a team of ISI and local police, had picked up the detainee from his residence on Nov 8, 2003.

He stated that so far Abdul Khalil had not been produced before any court, while his whereabouts had also not been disclosed to the petitioner. The counsel contended that the continuous detention of Abdul Khalil was violative to article 9, 10 and 15 of the Constitution. Under the law, he added, a detainee had to be produced before the court concerned within 24 hours of his arrest.

The respondents in the petition are director-general, assistant director and director of ISI, SHO East Cantonment police station, NWFP IG, the federal government through interior secretary and the NWFP government through home secretary.

The petitioner stated that her husband was a landlord and had also set up a business. She stated that on the night of Nov 8 last year a team of ISI accompanied by the local police raided her residence. The raiding party maintained that her husband was required for routine interrogation.

She said the raiding party also told her that her husband would return after interrogation. However, she claimed she had not seen her husband since that day.

Barrister Rohaila requested the court to declare the detention unconstitutional and against the law. He also prayed to the court to issue directives for the production of the detainee.