PESHAWAR, Nov 12: A two-member bench of Peshawar High Court on Tuesday summoned the Khyber Pakhtunkhwa provincial police officer (PPO) and inspector general of prisons asking them to explain how to check the ongoing practice of taking away of suspects by the intelligence agencies from outside prisons after their acquittal by courts.

The bench comprising PHC Chief Justice Dost Mohammad Khan and Justice Asadullah Khan Chamkani expressed displeasure over the said practice observing that it was a very detestable act and the PPO, IG (prisons) and superintendent of Peshawar jail should appear and explain what mechanism should be adopted in that regard as those released on orders of the courts were whisked away by the intelligence agencies outside the prison gate.

The bench observed that the court wanted to devise a mechanism so that the prisoners could safely reach their homes after their release.

The bench was hearing a writ petition filed by Asadullah, who alleged that his brother Roohullah was taken away from outside the Peshawar prison on Sept 6 after he was acquitted by an anti-terrorism court.

The bench directed the federal secretaries of interior and defence ministries to submit written comments in reply to the petition and also submit sworn affidavits regarding the whereabouts of the detainee that must be based on extensive verification from field commanders.

The PHC chief justice observed that they had observed that the same practice was adopted in several other cases also and suspects were taken away from outside different prisons in Mardan, Dera Ismail Khan, Peshawar and Swat.

When a suspect was acquitted by a court it meant that the prosecution could not pro-duce evidence against him following which there was no justification for keeping him behind the bars, he observed.

Advocates Shabir Hussain Gigyani and Farmanullah Sailab appeared for the petitioner and stated that he was first arrested under the Anti Terrorism Act on May 24, 2013, on charges of possessing explosives but was acquitted in that case on Aug 23.

They stated that instead of setting him free the police showed his arrest in an untraced case related to explosion at election office of a political party in Khazana Area.

They added that he was also acquitted in that case.

Advocate Tariq Mansoor appeared for the Frontier Corps and submitted that the detainee was not in their custody. An additional advocate general Naveed Akhter also said that he was not in the custody of any of police station.

The bench observed that if the situation remained the same the court would be constrained to order the PPO and the IG (prisons) that each and every prisoner should be safely taken to his residence after he was freed from the prison.

Meanwhile, the bench took up for preliminary hearing around 25 habeas corpus petitions filed by relatives of some missing persons and put on notice the federal secretaries interior and defence, the provincial home secretary and the PPO.

The bench fixed Nov 27 for next hearing with the direction that the officials should apprise the court regarding the whereabouts of the detainees.

The PHC chief justice observed that if the detainees had committed any offence they should be properly booked under the law and should be produced before the court instead of keeping them in illegal confinement, which was unconstitutional and against the law.