PHC rejects bail plea of Afghan national
The counsel added the police inserted Section 14 of The Foreigners Act 1946 to his case.
PESHAWAR:
The Peshawar High Court (PHC) rejected the bail application of an unregistered Afghan national who was arrested while carrying hashish, on Thursday.
The application was rejected by Justice Malik Manzoor Hussain who heard the arguments of Noor Agha’s counsel, Noor Muhammad Mohmand.
The court was told Agha was arrested around three months ago from the jurisdiction of Khan Raziq police. Around four kilogrammes of hashish were recovered from his possession and he failed to produce any legal documentation attesting to his right to stay in Pakistan. The counsel added the police inserted Section 14 of The Foreigners Act 1946 to his case.
Mohmand said the section was inserted only because his client failed to produce a national identity card (NIC) on the spot. He said Agha’s wife and parents possess Pakistani NICs, adding his client has been implicated in the case unjustly.
“Police failed to provide concrete evidence to prove Agha was carrying hashish,” he said, requesting the court accept the bail plea.
However, Additional Advocate General Rab Nawaz Khan told the court the NICs of Agha’s family members have all expired.
After hearing arguments from both sides, the PHC rejected the bail application. It issued directives to the trial court to conclude the said trial within three months.
Published in The Express Tribune, January 2nd, 2014.
The Peshawar High Court (PHC) rejected the bail application of an unregistered Afghan national who was arrested while carrying hashish, on Thursday.
The application was rejected by Justice Malik Manzoor Hussain who heard the arguments of Noor Agha’s counsel, Noor Muhammad Mohmand.
The court was told Agha was arrested around three months ago from the jurisdiction of Khan Raziq police. Around four kilogrammes of hashish were recovered from his possession and he failed to produce any legal documentation attesting to his right to stay in Pakistan. The counsel added the police inserted Section 14 of The Foreigners Act 1946 to his case.
Mohmand said the section was inserted only because his client failed to produce a national identity card (NIC) on the spot. He said Agha’s wife and parents possess Pakistani NICs, adding his client has been implicated in the case unjustly.
“Police failed to provide concrete evidence to prove Agha was carrying hashish,” he said, requesting the court accept the bail plea.
However, Additional Advocate General Rab Nawaz Khan told the court the NICs of Agha’s family members have all expired.
After hearing arguments from both sides, the PHC rejected the bail application. It issued directives to the trial court to conclude the said trial within three months.
Published in The Express Tribune, January 2nd, 2014.