ISLAMABAD - Islamabad High Court (IHC) on Friday dismissed a new petition, challenging the prolonged incarceration of country's top nuclear scientist, Dr Abdul Qadeer Khan, after declaring it non-maintainable. Questing the locus standi of the petitioner, Barrister Jawaid Iqbal Jafree, a single bench of IHC comprising CJ Sardar Muhammad Aslam also observed that Dr Khan himself or any member of his family can move the court if they deem it necessary. The CJ of IHC also referred to a decision of the apex court in this regard. Earlier, petitioner Barrister Jafree, who is a close friend of  AQ, told the court that his client was illegally detained since 2004 under the verbal instructions of former President Musharraf and such orders have no value in the eyes of law. CJ Sardar M Aslam, however, observed that it was no ground for filing a fresh petition as IHC has already given a detailed judgment on the issue on July 21 this year after consulting both the parties. The august bench further observed that if Dr Khan is having problems with the security, provided to him by the govt, he could personally move the court. Referring to a judgment of the apex court on right of filing a habeas corpus petition, the bench further observed that only family members of a detained could move the court. With these observations, the bench dismissed the petition of Barrister Jafree. IHC had earlier issued a detailed verdict on the issue through which Dr Khan was barred from speaking on the nuclear proliferation issue but had allowed him to meet relatives and travel inside the country after security clearance. The national hero is under house arrest since 2004 after the former regime headed by Pervez Musharraf accused him of being linked to international nuclear proliferation. Dr Khan has recently denied all the charges through a letter written to Chief Justice of IHC.