The re-hearing of a constitutional petition challenging detention of Dr Akmal Waheed and Arsahd Waheed was put off till February 8, due to illness of Sindh Advocate General Anwar Mansoor Khan, by a division bench of the Sindh High Court (SHC) comprising Justice Ata-ur-Rahman and Justice Zia Pervez. When the matter was taken up, M. Ilyas Khan and Mohammad Farooq, advocates appeared in response to a notice of re-hearing issued by the bench on Wednesday, the court was informed that the AG Sindh could not appear due to illness at which the bench put off further proceedings.

The bench earlier reserved orders in the petition after a detailed hearing.

Dr Fauzia Akmal and Dr Farzana Naz wives of Dr Akmal Waheed and Dr Arshad Waheed respectively challenged the alleged illegal detention of their spouses before the SHC on Tuesday.

M. Ilyas Khan, Mohammad Farooq, advocates filed the petition impugning a notification issued by the Sindh home secretary on December 2, 2004, the day their bail plea in a case of terrorism was granted by Anti-Terrorism Appellate (ATA) bench of the SHC.

The petitioner maintains that impugned order of detention passed under section 11-EEE of AT Act, 1997. The impugned order is illegal, mala fide and was aimed at frustrating the compliance of order of ATA bench of SHC which admitted the accused to bail in special case 59/2004.

The counsel maintains that unless name of person is included in section 11-EE, order of detention can not be passed against him under section 11-EEE of ATA.

The petitioner also denied that accused are members of al Qaeda or Hizbul Tahreer and said that onerous of proving allegations/burden of proof is with the authority issuing order of detention.

The court was prayed to declare the detention of Dr Akmal and Dr Arsahd as illegal, mechanical, and made without applying mind, award compensation and also order production of the accused before the court.

Copyright Associated Press of Pakistan, 2005