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Bangladeshi nationals’ case: PHC issues notice to Landikotal APA

Staff Report

PESHAWAR: The Peshawar High Court (PHC) on Monday sought written reply from Assistant Political Agent (APA) Landikotal for not releasing six Bangladeshi nationals who were fined and sentenced under Section 40 of the Frontier Crimes Regulation (FCR).

On June 24, the PHC division bench comprising Justice Hamid Farooq Durrani and Justice Musaddiq Hussain Gilani had ordered the APA Landikotal, Khyber Agency to release the six Bangladeshis.

On Monday, when a single bench headed by PHC Chief Justice Mohammad Raza Khan started hearing of the case, the petitioners’ lawyer Mohammad Alamzeb told the court that despite PHC directives, APA Landikotal did not release the Bangladeshis. On this, the court sought written reply from the APA on August 6.

Six Bangladeshi nationals Madu Mian, Ali Haider, Shah Mohabbat, Shamim Ahmad, Aqas Ali and Hafiz Ali, filed a habeas corpus petition in the PHC in which they challenged their arrest and sentence by the APA Landikotal.

The petitioners’ lawyer informed the court that on January 2008, the APA Landikotal arrested the six Bangladeshi national at Torkham Pak-Afghan Border and charged them under Section 40 of the FCR.

Later on, he said, APA Landikotal on February 25, 2008 awarded two months’ imprisonment and Rs 2,000 fine to each of them, which they challenged in the court.

He also contended that Section 40 of the FCR is imposed on tribesmen and not on foreigners, which is against the law of the land. He further added that the Bangladeshis had almost completed their prison term but are still languishing in Central Prison Peshawar which is against law.

The APA Landikotal had appeared in the court and said that they (Bangladeshis) had illegally entered the tribal agency. He, however, did not explain arrest of foreigners under Section 40 of the FCR.

On this, the court directed him to release the Bangladeshi nationals.

According to the lawyer, they all were deceived by traveling agent. He said the agent received money from them for taking them to Europe through illegal routes. The agent first brought them to Afghanistan and then disappeared at Pak-Afghan border.

The Bangladeshi, who did not know about the routes entered the Pakistan’s tribal area and the Khasadar forces arrested them at Torkham Border.

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