HAMEEDULLAH QURESHI vs A.P.A. BARA, KHYBER HOUSE, PESHAWAR CANTT.
This habeas corpus petition was filed by the petitioner seeking the production of his son, Dr. Khushal, who allegedly disappeared after being handed over to the Assistant Political Agent, Bara, following a conviction under the Frontier Crimes Regulation, 1901. The petitioner contended that the detenu was picked up from a settled area and his whereabouts became unknown after July 5, 2005. The court examined the record and heard arguments from the Advocate-General and Deputy Attorney-General. While the Deputy Attorney-General denied the detenu was in the custody of any authority under the Interior Division, the Additional Advocate-General presented confidential records indicating the detenu was alive and in the custody of a lawful body responsible for state security. The court held that, given the detenu's safety and the interests of national security, it was not necessary to order his production before the court. Consequently, the petition was dismissed, establishing the principle that the court may decline to order the production of a detenu in habeas corpus proceedings where evidence confirms the individual is in lawful, safe custody and disclosure would compromise state security.
- Can a court decline to order the production of a detenu in a habeas corpus petition if the detenu is confirmed to be in safe, lawful custody?
- Does the interest of state security justify withholding the production of a detenu in habeas corpus proceedings?
- Section 40, Frontier Crimes Regulation 1901
' SALIM KHAN, J.--- Hameedullah Qureshi has instituted the present habeas corpus petition against the Assistant Political Agent, Bara, Secretary to Government of N.-W.F.P. Home and Tribal Affairs Department, as well as Government of Pakistan, through Secretary Interior Division, Islamabad. It was alleged by the petitioner that Dr. Khushal was his son who has M.D. Degree and was living with the petitioner in Tehkal Bala of District Peshawar, that he was picked up from the settled area, but was handed over to A.P.A., Bara, who convicted and sentenced him under section 40 of the Frontier Crimes Regulation, 1901 on 28-6-2005 that he was summoned again from jail on 5-7-2005, but after that date, the whereabouts of Dr. Khushal are not known.
2. It has been brought on record that Dr. Khushal was admitted to Central Jail, Peshawar on 28-6- 2005, and was taken out therefrom on 5-7-2005, and was entrusted to the political authorities. The learned Advocate-General was given notice and a notice was also given to respondent No, 3 through the learned Deputy Attorney-General. We heard the learned counsel for the petitioner as well as the learned Additional Advocate-General and the learned Deputy Attorney-General, and we perused the available record.
3. The learned Deputy Attorney-General stated at the bar that Dr. Khushal son of Hameedullah Qureshi was not in the custody of anybody, organization or authority under the Secretary to Government of Pakistan Interior Division. The learned Additional Advocate-General, however, showed us certain confidential record which mentioned that Dr. Khushal son of Hameedullah Qureshi was alive, safe and was in the custody of a body established by law and was dealt with in accordance with law and not otherwise.
4. In the circumstances, we are satisfied that Dr. Khushal is alive and is in safe custody of a body established under the law, which is responsible for the matters relating to the security of Pakistan.
In the interest of security of the State and also for the safety of the detenu, we do not deem it necessary at this stage to order that body to produce him before us. Resultantly, the petition in hand is dismissed.