PESHAWAR: A Peshawar High Court bench on Tuesday disposed of a writ petition of a convicted Indian national, Hamid Nehal Ansari, seeking inclusion of the period of his pre-conviction detention in his three-year prison term, as his counsel stated that the prison high-ups had already taken up the issue with the military authorities.

The bench comprising Chief Justice Mazhar Alam Miankhel and Justice Ishtiaq Ibrahim also directed the Peshawar Central Prison`s superintendent to provide all sorts of medical treatment to the petitioner in accordance with the prison manual.

The petitioner had contendedthat it was his right that he should be provided benefit of Section 382-B of the Code of Criminal Procedure (CrPC) under which the detention period of a convict prior to his conviction has to be included in the prison term.

However, a few months ago the federal defence and interior ministries had filed their comments wherein it was stated that the petitioner was involved in espionage/ antist ate activities and he was subject to the Pakistan Army Act, and therefore, the jurisdiction of high court was ousted in this case.

It was stated that the field general court martial (FGCM) had awarded the sentence of three years rigorous imprisonment reckoned to commence from Dec 17, 2015, the date of his conviction.

The petitioner`s counsel, Qazi Mohammad Anwer, on Tuesday contended that when this petition was filed it was requested to extend the benefit of Section 382-B CrPC to the petitioner.

He added that it was requested that as the petitioner was taken intocustody in Kohat district in Nov 2012, he had already completed his prison term if the benefit of the said section was extended to him.

He pointed out that the prison authorities had now been communicating with the concerned military officials seeking clarity about the conviction order so as to ascertain from which date the prison term of the petitioner would be counted.

Qazi Anwer said that another of their grievance was regarding safety of the petitioner inside the prison, which had also been addressed as he had now been kept in a separate cell away from hardened criminals.

He requested the bench that directives might be given to prison authorities to provide proper medical care to the petitioner.

The counsel contended that in such a situation when the authorities had already taken up the issue with the military officials there was no further need to continue this petition, therefore they wanted to withdraw it and it might be dis-posed of as withdrawn.

Deputy attorney general Mussaratullah Khan and additional advocate general Waqar Ahmad appeared for the federal and provincial governments, respectively, and admitted that the authorities had sent a letter to the military of ficials seeking information about the inclusion of Section 382-B in the prison term.

They stated that medical facilities would be provided to the petitioner in accordance with the Prison Manual.

A social activist Ms Rukshanda Naz also appeared on behalf of the petitioner`s mother, Ms Fauzia Ansari.

The petitioner Hamid Nehal Ansari had gone missing after he was taken into custody by intelligence agencies and local police in Kohat district in Nov 2012 and finally in reply to a habeas corpus petition the high court was informed on Jan 13, 2016 that he was in custody of the Pakistan Army and was being tried by a military court.