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Express Tribune
12-07-2025
- Politics
- Express Tribune
Military court convicts entitled to 'file petitions'
In a landmark judgment, the Peshawar High Court (PHC) has ruled that individuals convicted by military courts had the constitutional right to file writ petitions before the High Court. The decision came as a significant blow to the federal government's stance, which had argued that such petitions were inadmissible due to the availability of alternative forums for appeal. A two-member bench comprising Justice Waqar Ahmad and Justice Sadiq Ali Memon issued the detailed verdict while hearing a petition filed by Adnan and others from Mardan, who had been convicted by military courts in connection with the May 9 incidents following the arrest of Imran Khan. The petitioners have contended that they had not been involved in the unrest that had taken place at the Mardan City police station and had been wrongfully implicated. They have pointed out that while their co-accused had been tried in anti-terrorism courts, they had been handed over to military courts without being provided an explanation or legal documentation. During the hearing, the Deputy Attorney General objected to the admissibility of the petition, arguing that the petitioners had an alternative appellate forum which they had failed to approach within the prescribed timeframe. Therefore, he claimed, the petition was time-barred and not maintainable. In response, the petitioners' counsel, Barrister Amirullah Chamkani, maintained that the Supreme Court of Pakistan had in a recent short order suggested that the federal government amend the Pakistan Army Act to formally recognize High Courts as appellate forums for military court convictions. However, the counsel pointed out, the government had failed to implement these amendments, thereby depriving the petitioners of an appellate remedy. Chamkani further argued that his clients were unaware of the charges against them, had not been provided any trial documents, and had only been informed after the lapse of the appeal period. He, therefore, contended that it was unjust to declare their petition inadmissible. The PHC, in its written order, observed that constitutional jurisdiction under Article 199 could not be denied, especially in situations where no effective remedy was available to the aggrieved parties. The court ruled that the absence of any appellate forum and the lack of transparency in the trial process justified the maintainability of the writ petition. Referring to the precedent set in the Brigadier Ali case, the court noted that even the Supreme Court, while upholding military trials under the Army Act, had accepted that High Courts could exercise jurisdiction in such matters.
Express Tribune
06-06-2025
- Politics
- Express Tribune
PHC seeks replies on Kurram unrest
The Peshawar High Court (PHC) has sought responses from the Chief Secretary and the Additional Chief Secretary (Home) regarding a petition highlighting the deteriorating law and order situation in Kurram district. During a hearing on the petition, a bench comprising Justice Arshad Ali and Justice Waqar Ahmad was informed by the petitioner's counsel, Advocate Ali Azim Afridi, that the situation in Kurram remains tense. He stated that peace has yet to be restored in the area and that internet and mobile services are still virtually unavailable. The court noted that despite a previous order seeking a government response, no reply had been submitted. Justice Arshad Ali inquired about which parties had failed to respond. Advocate Afridi informed the court that both the Chief Secretary and the Additional Chief Secretary (Home) had not yet submitted their replies. The court gave the concerned officials 14 days to submit their responses and adjourned further proceedings on the petition. In a separate case, the PHC has issued notices to the Khyber-Pakhtunkhwa Bar Council and the Pakistan Bar Council in response to a petition seeking an audit of the K-P Bar Council's funds. The same bench — Justice Syed Arshad Ali and Justice Waqar Ahmad — heard the petition. The petitioner's counsel argued that the audit should be conducted by a chartered accountant, as mandated under Section 18 of the Pakistan Bar Council Act. He also requested that copies of the audit report be provided to all practicing lawyers. The Assistant Attorney General recommended that it would be appropriate to issue notices to both bar councils. Accepting this suggestion, the court issued the notices and adjourned the hearing. Meanwhile, a special Anti-Terrorism Court (ATC) has issued bailable arrest warrants for three senior officials of the Counter Terrorism Department (CTD) for failing to comply with court orders. The warrants were issued by ATC Judge Muhammad Iqbal Khan after the officers — AIG CTD, SP CTD, and Inspector Iftikhar Khan — failed to appear in court during proceedings initiated under Section 174 of the Criminal Procedure Code (CrPC). The court noted that despite multiple notices, the three officers failed to produce records in terrorism case No 63. Their repeated non-compliance prompted the court to begin legal proceedings under Section 174 CrPC. Subsequently, bailable arrest warrants were issued, and senior police officials were directed to ensure the officers' appearance at the next hearing. The hearing has been adjourned until June 14. In a separate development, the Peshawar ATC ordered the release of a suspect allegedly linked to a banned organization. The suspect was granted bail following legal arguments presented by his counsel, Advocate Khizar Hayat Khazana. According to the prosecution, the accused, Qari Imran, was arrested by CTD during an operation and was alleged to have promoted the ideology of a proscribed outfit, encouraging others to join. After reviewing the arguments, the court approved his bail request and ordered his release.
Express Tribune
05-05-2025
- Politics
- Express Tribune
Afghan deportation policy challenged
Afghan nationals wait beside their belongings at the Torkham border's transit point as Pakistan steps up its deportation of undocumented migrants, sending over 2,239 Afghans back across the frontier. PHOTO: ONLINE The Peshawar High Court has issued notices to the federal government and the National Database and Registration Authority (NADRA) in response to a petition challenging the deportation policy for Afghan refugees and seeking the issuance of a Pakistan Origin Card (POC) to an Afghan man married to a Pakistani woman. The petition was heard by a bench comprising Justice Waqar Ahmad and Justice Aurangzeb Khan. During the hearing, the petitioner's counsel, Ajmal Khan Mohmand, informed the court that his client, a resident of Takht Bhai in Mardan, is married to Tariq Khan, an Afghan citizen. The couple has four children, and the petitioner's husband now faces deportation under the government's ongoing refugee repatriation policy. The lawyer argued that the deportation policy targeting Afghan Citizen Card (ACC) holders is unconstitutional and lacks a clearly defined procedure. He emphasized that many Afghan refugees have deep-rooted connections to Pakistan, including businesses, marriages, and property ownership, none of which are adequately considered under the current policy. He further warned that the forced deportation of the petitioner's husband would deprive their children of their father's presence and care. The petition requests the court to instruct NADRA to issue a POC to the petitioner's husband and declare the current deportation policy null and void. After hearing the preliminary arguments, the court sought detailed written responses from the federal government and NADRA before the next hearing. Illegal detention case A five-member larger bench of the PHC on Monday disposed of a petition seeking the recovery of five individuals who had been taken away by police from Hayatabad, after they were safely recovered. The court, however, directed authorities to refrain from harassing any of the concerned individuals and instructed the police to submit a detailed investigation report. The bench, headed by Acting Chief Justice Justice SM Attiq Shah and comprising Justice Arshad Ali, Justice Sahibzada Asadullah, Justice Muhammad Naeem Anwar, and Justice Waqar Ahmad, heard the case. During the proceedings, serious questions were raised regarding police performance, especially in relation to a foreign national who remains missing. Acting Chief Justice Shah remarked that the country must operate under the rule of law and all actions by government institutions must adhere strictly to legal procedures.
Express Tribune
09-04-2025
- Business
- Express Tribune
CoRe urges govt to prioritise waste management
Listen to article A multi-stakeholder packaging alliance, CoRe (Collect and Recycle), has called on the government to prioritise waste management reforms in the upcoming federal budget. The alliance urged urgent fiscal and policy support for strengthening the country's waste collection, recycling infrastructure, and waste-to-fuel initiatives to build a circular economy and drive sustainable development. CoRe, comprising listed companies, NGOs, packaging manufacturers, recyclers, and multilateral organisations, submitted a comprehensive set of proposals to the Ministry of Finance and the Ministry of Climate Change and Environmental Coordination. The proposals include financing facilities from the State Bank of Pakistan (SBP) and tax incentives from the Federal Board of Revenue (FBR). CoRe proposed a series of targeted fiscal measures which included the provision of green financing by the SBP to facilitate investment in waste collection and recycling initiatives. A five-year tax holiday has been recommended for both new and existing Packaging Recovery Organisations (PROs) operating across multiple cities, aimed at encouraging nationwide expansion. CoRe also suggests the introduction of tax rebates or financial incentives for companies that meet defined recycling targets or utilise recycled materials in their packaging. To further ease the cost burden on the sector, the alliance has called for the exemption of sales tax and customs duties, and the implementation of a zero-tariff regime for the import of recycling equipment. Additionally, to help formalise the informal sector, CoRe has proposed exempting General Sales Tax (GST) on services related to waste sorting, collection, and recycling. The alliance also advocates for the reduction or elimination of duties on Reverse Vending Machines, which are instrumental in collecting plastic packaging waste. Lastly, incentivising infrastructure for converting plastic waste into fuel is seen as a crucial step toward creating a more sustainable and resource-efficient economy. CoRe's recommendations are aligned with the government's broader sustainability agenda and the reform priorities of the IMF's Resilience and Sustainability Facility (RSF), said Sheikh Waqar Ahmad, CEO and Founding Board Member of CoRe. The 2025-26 budget is a crucial opportunity to introduce transformative fiscal policies that can drive green jobs, sustainable investments, and a waste-free future. The call for reform comes amid growing concern over Pakistan's worsening waste crisis. According to the Asian Development Bank (ADB), the country's solid waste generation is projected to reach 42 million tons annually by 2030, straining existing infrastructure and environmental systems.
Express Tribune
09-04-2025
- Politics
- Express Tribune
PHC orders ministry to process citizenship cases
The Peshawar High Court (PHC) has directed the Interior Ministry to process applications for citizenship based on the Muhajir Card as per relevant laws, while also instructing NADRA to address complaints regarding delays in issuing Pakistan Origin Cards. A bench led by Justice Waqar Ahmad heard various petitions, including those filed by Afghan migrants who have been living in Pakistan for years and have been issued Pakistan Origin Cards (POCs) by the government. The petitioners' lawyer, Saifullah Mohib Kaka Khel, argued that under Pakistani law, individuals who have resided in the country for four years are eligible for citizenship. The court was informed that despite a clear law governing the grant of citizenship to foreigners, the authorities were not implementing it. The bench disposed of the petitions, directing the Interior Ministry to process the applications under Section 3 of the Naturalization Act 1926. In a separate petition, the court expressed concern over NADRA's failure to implement court orders. The counsel for the petitioners pointed to Nadra's alleged bias.
