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Express Tribune
6 hours ago
- Politics
- Express Tribune
PHC dismisses contempt plea against police
A two-member bench of the Peshawar High Court (PHC) comprising Justice Ejaz Anwar and Justice Faheem Wali on Thursday dismissed a contempt of court petition filed against the arrest of Pakistan Muslim League-Nawaz (PML-N) provincial leader Syed Haider Shah Bacha. During the hearing, Justice Ejaz Anwar remarked that summoning the police in every case could hinder their ability to perform their duties effectively. He noted that the police admitted to arresting the petitioner but stated that they had not received any court order prohibiting the arrest. "If the police claim they acted on orders from higher authorities, then we would have seen how they could defy court directives," the judge added. The hearing began with Additional Advocate General Bashir Naveed and the petitioner's counsel appearing before the bench. The petitioner's lawyer argued that his client was arrested under Section 3 of the Maintenance of Public Order (MPO) for protesting against electricity load shedding and was subsequently sent to Dera Ismail Khan Jail, despite having secured protective bail from the court. He contended that the arrest constituted contempt of court as it violated a prior judicial order barring police from detaining his client. Justice Ejaz Anwar questioned how the arrest could be justified if a court order existed, adding, "Is the police so powerful that it can ignore the judiciary?" The police, in its written reply, stated that they had no knowledge of the court order at the time of arrest and released the petitioner once the order was received. The court also took note of the fact that 18 FIRs had been registered against the petitioner. His counsel responded that the petitioner was already on bail in those cases. After hearing arguments from both sides, the bench ruled that there was insufficient evidence to establish contempt of court and dismissed the petition accordingly. Livestock notification Meanwhile, PHC has suspended the notification issued by the Livestock Department regarding the premature repatriation of the Project In-Charge for Khyber District, and has issued notices to the Secretary of Livestock and other relevant officials, seeking a formal explanation. The case was heard by a two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali. Advocate Aminur Rehman Yousafzai, representing petitioner Naeemullah, the current Project In-Charge of the Integrated Development Package in Khyber District, told the court that his client's appointment was made in April 2025. However, on July 1, the posting was abruptly withdrawn and he was directed to report back to the parent department. The counsel argued that the transfer order was issued without the recommendations of the relevant committee, making it procedurally flawed. He further informed the court that the provincial government has already issued a formal policy for project-based appointments.
Express Tribune
3 days ago
- Politics
- Express Tribune
PHC seeks replies in oath challenge
The Peshawar High Court (PHC) has issued notices to the federal government, the Attorney General of Pakistan, the Election Commission of Pakistan (ECP), and other parties in response to constitutional petitions filed by Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur and Provincial Assembly Speaker Babar Saleem Swati. The petitioners have challenged the Chief Justice of the Peshawar High Court's directive, which authorized the Governor to administer oaths to members elected on reserved seats outside the assembly premises. The court has sought written replies from all respondents by August 5. A two-member bench comprising Justice Ejaz Anwar and Justice Faheem Wali presided over the hearing. During proceedings, the judges raised serious constitutional questions and expressed skepticism over the maintainability of the petitions, especially that of the Chief Minister. Justice Ejaz Anwar remarked that the matter primarily concerns the Speaker of the Assembly and not the Chief Minister, stating, "The Speaker is the affected party here. The Chief Minister is not an aggrieved person." Justice Faheem Wali also questioned Gandapur's legal standing, asking, "In what capacity has the Chief Minister filed this petition? He already fulfilled his role." The hearing saw the presence of K-P Advocate General Shah Faisal Utmankhel, Additional Attorney General Sanaullah, Speaker's counsel Waqar Khan, and other legal representatives. Justice Ejaz Anwar, while addressing the Advocate General, noted that had the oath not been administered, the members would not have been able to vote in the Senate elections. "The fact that they voted shows the oath was essential," he observed. Speaker Swati and CM Gandapur, through their respective counsels, contended that the oath-taking held at Governor House was unconstitutional. They argued that Article 65 of the Constitution clearly stipulates that members must take oath within the Assembly, and that the Speaker had not refused to administer the oath - the session was simply adjourned due to a lack of quorum. The petitions further claim that Article 255(2), which allows for alternative oath-taking arrangements in case of impossibility, was misapplied. "There was no refusal from the Speaker or the Chief Minister. A session had already been convened. Therefore, the conditions for invoking Article 255(2) were not met," the petitioners argued. They maintained that the Chief Justice's administrative directive instructing the Governor to administer the oath was a constitutional overreach. The oath-taking ceremony, held at the Governor House on a Sunday, followed a request made to the Chief Justice by newly elected members on reserved seats. In their letter, they expressed concerns over being denied the opportunity to vote in the upcoming Senate elections. Acting on this letter, the Registrar of the High Court issued an official directive, authorizing the Governor to administer the oath under Article 255(2)".
Express Tribune
03-05-2025
- Politics
- Express Tribune
PHC slams police over illegal detentions
The Peshawar High Court (PHC) on Friday ordered the formation of a full bench to hear the case regarding the alleged illegal detention of five individuals from Hayatabad, reportedly arrested by police during a raid. A three-member larger bench comprising Justice Ejaz Anwar, Justice Syed Arshad Ali, and Justice Sahibzada Asadullah issued notices to the federal and provincial governments, seeking explanations for the arrests. The case was adjourned to allow for the full court hearing. During proceedings, Justice Ejaz Anwar strongly criticized police practices, stating, 'There is no law here. You arrest people first and file FIRs later. This must stop.' He warned that if the arrested individuals were not produced, the court would consider contempt proceedings against the CCPO and IGP. The court was hearing a petition filed by Abdul Haleem, whose lawyer informed the bench that police raided his client's home on April 27, in search of a woman reportedly missing after arriving from Oman, and took five male family members into custody. Despite previous court orders, the detainees were not presented in court. The CCPO told the court that the individuals had been released on bail under Section 107, and that their custody was not with the police. However, the bench expressed dissatisfaction, questioning the legality of the arrests. Justice Syed Arshad Ali remarked, 'If citizens have been detained, there must be a legal justification. We may summon the Prime Minister and the Attorney General if needed.' Justice Asadullah added, 'Fear the day when your own people are standing here saying the Advocate General is missing.'
