PESHAWAR, Nov 15: A division bench of the Peshawar High Court on Thursday issued a notice to the NWFP government on a writ petition of Jamaat-i-Islami chief Qazi Hussain Ahmad, challenging his detention.
The bench, comprising Justice Mian Shakirullah Jan and Justice Qaim Jan Khan, took up the petition for preliminary hearing. A panel of lawyers, including Arif Khan and Arbab Usman, appeared before the bench for Mr Ahmed.
The JI chief was initially placed under house arrest under the Maintenance of Public Order and on Nov 6, he was shifted to the Tanda Dam Rest House in the Kohat district.
His counsel contended that the provincial government had issued the impugned order in an arbitrary manner.
They said the petitioner was the chief of a religio-political party, and termed his detention unconstitutional.
The respondents in the petition are the provincial government, the home and tribal affairs secretary, the district coordinating officer and the district Nazim and the SSP of Kohat and the inspector-general of police.
In his petition, Mr Ahmed prayed to the court to declare as illegal and against the law the order issued by the provincial government of keeping him in the rest house.
He stated that on Nov 3, the home secretary had served on him a notice, which had directed him not to reside, remain or enter any part of the Bajaur Agency.
He added that the government had issued another order on Nov 5, following which he had been confined to house arrest.
Later on, the petitioner said, he had been shifted to the rest house from his house. He contended that the order was mala fide and that his activities were not against public peace and tranquillity.