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May 19, 2019

Tribesman released after 10 years detention without trial


May 19, 2019

PESHAWAR: A tribesman met his family members after 10 years long detention by the former Fata political administration without trial under the erstwhile draconian law of Frontier Crimes Regulation (FCR).

Gul Deenar, a resident of Jamrud tehsil in Khyber district, was released by the district administration after 10 long years when a regular court established by the Peshawar High Court in the wake of abolition of FCR in the newly merged district issued his release order on bail.

His two children did not recognise their father as they were two and four years old, respectively, at the time he was detained.

Sessions Judge Khyber district Shahid Khan also expressed concern over Gul Deenar’s 10 years detention without trial.

During arguments, Shabbir Hussain Gigyani, counsel for the detainee, submitted before the bench that the petitioner was picked up on June 26, 2009 and kept for nine years in illegal custody.

He said that after nine years his family members finally came to know in 2017 that he is alive and in the custody. The lawyer informed the court that the family of the petitioner tried its best to locate him, but nobody informed them about his whereabouts. He stated that recently the petitioner was shifted to Peshawar Central Prison and that too without being convicted and merely for confinement without any reason.

The lawyer submitted that the petitioner’s fundamental and constitutional rights were violated and therefore he ought to be released on bail.

In grounds of the petition, it was submitted that admittedly there is no evidence against the petitioner to show his involvement in any terrorist activities.

The lawyer submitted that the respondents committed an illegal act to keep the petitioner in illegal confinement for such a long period of time.

He argued that the joint investigation team had levelled charges against the petitioner punishable under sections 121 and 121A of PPC read with sections 11 and 40 FCR.

The state lawyer opposed bail of the petitioner, claiming that he was charged with and involved in terrorist activities. However, he failed to prove the charges against Gul Deenar due to lack of evidence. The court issued release order of the petitioner on bail from the Peshawar Central Prison.

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