Latest news with #PeshawarHighCourt
Express Tribune
22-05-2025
- Politics
- Express Tribune
Court restores powers to local representatives
The Peshawar High Court has nullified amendments made by the provincial government to the Local Government Ordinance that reduced the powers and funding of elected local representatives. The court accepted petitions challenging the changes and declared the provincial government's amendments unconstitutional. A two-member bench comprising Justice Syed Arshad Ali and Justice Farah Jamshed presided over the case. The petitions were filed by Humayun Mayar, Zubair Ali, and others, and were argued by Advocate Babar Khan Yousafzai. During the hearing, Yousafzai informed the court that local government elections were held in Khyber-Pakhtunkhwa in February 2022, after which the newly elected representatives took oath and began performing their duties. However, the provincial government soon initiated efforts to curtail their authority and, later that year, amended the Local Government Act. Yousafzai argued that these amendments significantly rolled back the powers of elected local bodies and stripped them of their authority to allocate and utilize development funds. These powers were instead transferred to the district administration and other government departments. He pointed out that the majority of seats in the first phase of elections were won by opposition parties, prompting the government to tighten its control by changing the law. The lawyer further contended that by shifting most powers from the Act to the Rules, the government bypassed legal safeguards. Specifically, amendments were made to Sections 23A and 25 of the Local Government Act, altering the composition of the Tehsil Local Government structure originally defined in the 2019 version of the law. He emphasized that the 2022 amendments not only took away powers from local representatives such as Tehsil Mayors and Village Council members, but also deprived them of any developmental funds for the past three years. This, he noted, had created a situation of uncertainty and pressure, as representatives face public expectations without any resources to meet them. Yousafzai argued that if such amendments were deemed necessary, they should have been applied prospectively, during future elections, rather than retroactively undermining the authority of currently elected officials under the 2019 Act. In response, the Additional Advocate General contended that the amendments were lawful and within the authority of the provincial government. He claimed the changes were presented before the provincial assembly and that the elected representatives had been granted their due rights. After reviewing the arguments, the bench declared the provincial government's amendments invalid, restoring the original powers and funding mechanisms for local government representatives as per the 2019 Local Government Act.
Express Tribune
17-05-2025
- Politics
- Express Tribune
PHC slaps Rs10k fine on PDA for failing to present legal counsel
The Peshawar High Court has imposed a fine of Rs10,000 on the Peshawar Development Authority (PDA) for failing to present legal counsel during a hearing on a petition challenging the non-allotment of residential plots to employees of the Local Government and PDA. The case was heard by Justice Syed Arshad Ali and Justice Faheem Wali. During the proceedings, no lawyer appeared on behalf of the PDA. The court was informed that the lawyer previously assigned to the case had been removed from PDA's legal panel. Representing the petitioners, Advocate Mumtaz Ahmed informed the court that his clients are employees of the PDA and Local Government, and as per court rulings and official regulations, they are entitled to plot allotments. However, the PDA has yet to allocate these plots. A PDA representative explained that the absence of legal counsel was due to the fact that a new legal panel had not yet been constituted. Seeking more time, the official requested a delay. In response, Justice Arshad Ali remarked, "Are we here to wait for your panel decisions? You create panels at will and dissolve them at will. We are imposing a penalty and giving you one last opportunity." The court subsequently fined the PDA Rs10,000 for failing to present a lawyer and ordered the authority to ensure legal representation at the next hearing. On the other hand, PHC has ordered the issuance of Pakistan Origin Cards (POCs) to two Afghan nationals married to Pakistani women, upon fulfillment of all necessary legal requirements. The court disposed of the writ petition after passing the directive. The case was heard by a two-member bench.
Express Tribune
15-05-2025
- Politics
- Express Tribune
Military court convicts denied sentence relief
The Peshawar High Court has dismissed a set of writ petitions seeking the benefit of Section 382-B of the Criminal Procedure Code for convicts sentenced by military courts. In its detailed eight-page verdict, the court ruled that the convicts were tried and sentenced under a special law - the Pakistan Army Act — and had already been granted the benefit in question. Therefore, the petitions were found to be without merit. The judgment was delivered by a two-member bench comprising Justice Naeem Anwar and Justice Dr Khurshid Iqbal, which heard 25 separate writ petitions, including one filed by Gul Muhammad Khan. The petitioners argued that their relatives were tried under the Pakistan Army Act, 1952, and handed various terms of imprisonment. In one case, it was claimed that Riaz Ali, a relative of the petitioner, was arrested on April 30, 2013, and sentenced to seven years of rigorous imprisonment by a military court. Despite having completed his sentence, he has allegedly remained in prison for over 11 years — a violation of his fundamental rights as guaranteed by the Constitution. The petitioner contended that since no other criminal case was pending against Riaz Ali, his continued detention was unlawful and unconstitutional, violating Articles 9, 13, 14, and 25 of the Constitution. The petitioners' legal counsel also raised the question of whether Section 382-B, which mandates deduction of pre-trial custody from the total sentence, had been properly applied. While acknowledging that the benefit of Section 382-B was, in principle, granted, the lawyers argued that the authorities had failed to release the convicts even after completion of their sentences. They cited two previous cases in which relief was granted to similarly situated individuals. On the other hand, Additional Attorney General Sanaullah submitted that the sentences were imposed under a special law, the Army Act, which takes precedence over general laws. He affirmed that Section 382-B had been applied and that the convicts were being dealt with in accordance with the Army Act. Court-appointed amicus curiae Advocate Shumail Ahmed Butt argued that under Articles 199(3) and 199(5) of the Constitution, the High Court lacks jurisdiction in such matters. He also pointed out that the cases cited by the petitioners were not adequately argued and did not set binding precedent. In its written verdict, the court held that the convicts were lawfully tried under the Army Act, a special statute, and that their sentences commenced from the date of confirmation by the military court. After reviewing various precedents, the bench concluded that Section 382-B had indeed been applied appropriately. Consequently, the petitions were dismissed.
Express Tribune
14-05-2025
- Business
- Express Tribune
Sales Tax Act for ex-FATA, PATA restored
Income tax collection was about Rs335 billion more than the target, offsetting the impact of missed sales tax and customs duty targets. photo: file The Constitutional Bench has reinstated the Sales Tax Amendment Act for the formerly FATA and PATA, suspending the Peshawar High Court's earlier verdict that had nullified the act. The case concerning the exemption granted under the Sixth Schedule of the Sales Tax Act for residents of FATA and PATA was heard on Wednesday by the five-member Constitutional Bench, headed by Justice Amin-ud-Din Khan. Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Bilal Hassan.
Express Tribune
12-05-2025
- Politics
- Express Tribune
PHC seeks reply on blocked CNICs
The Peshawar High Court (PHC) has issued a notice to the National Database and Registration Authority (NADRA) and sought a response within 14 days in a writ petition challenging the blocking of an entire family's Computerized National Identity Cards (CNICs) and the refusal to issue Form-B for their children. A bench comprising Justice Ejaz Anwar and Justice Waqar Ahmad heard the petition filed by Taj Bibi and her family. Representing the petitioners, Advocate Malik Shehbaz Khan informed the court that Taj Bibi and her four children are Pakistani citizens. He explained that when her son, Muhammad Ullah, applied for a CNIC, he was told that his father Sher Rehman's CNIC had been blocked, which prevented the issuance of his identity card. Later, Sher Rehman's CNIC was reactivated, and Muhammad Ullah received his CNIC in 2018. However, when Taj Bibi recently applied for the renewal of her CNIC, she was informed that not only her husband Sher Rehman's CNIC, but the entire family's CNICs had been blocked.
