LAHORE, Dec 3: The high court must order the production of the detained or summon the detaining authority to ascertain whether he is being held in lawful custody, counsel for detained scientist Sultan Bashiruddin Mahmood submitted on Monday.

The petition, filed last week by the scientist’s mother through Advocate Ismail Qureshy, was not listed for hearing and it was amid proceeding of another case that justice Khalilur Rahman Ramady, who is seized of it, enquired about it.

Mr Qureshy said the petition was not listed despite an urgent application moved by him on Saturday. Even the application was not fixed for hearing. The judge directed his staff to place the relevant file before him and asked the lawyer to make his submissions.

Meanwhile, Advocate MD Tahir, who had moved a writ petition for the production of Mr Mahmood and six others in public interest on Nov 5, filed an application on Monday, for their release straightaway. He said under the law nobody could be held for over a month for mere questioning. Since the habeas corpus petition filed for their production had been pending for about a month, the court was now obliged to order their release without delay.

Citing constitutional provisions, Mr Qureshy argued that no distinction could be made between one citizen and another, between a scientist and a politician. Referring to Justice Ramday’s observation that the judgments cited by the lawyer involved politicians, he said the law does not exempt scientists from the operation of provisions against arbitrary arrest and detention.

Mr Mahmood, he said, was also bound to be informed of the grounds of his detention but was still in the dark. He also had a guaranteed right to consult and engage a lawyer of his choice but had not been allowed to do so. He was being held incommunicado and not even his mother, petitioner Fazilat Bibi, has been allowed to see him.

As for malice, the very fact of a person being detained without there being any material against him and without being allowed to see any relation or a lawyer speaks of mala fides and the court must either summon the detainee or the detaining authority. The lawyer was still on his legs when the hearing was adjourned to Tuesday.