Humayun Khan
PESHAWAR: A divisional bench comprising of Chief Justice Peshawar High Court (PHC) Justice Ishtiaq Ibrahim and Justice Waqar has dismissed a petition filed by Najeeb Ahmed challenging the 26th Constitutional Amendment, Wednesday.
The petitioner’s lawyer argued that the amendment raises fundamental constitutional concerns and was passed without proper authorization, affecting the basic structure of the Constitution.
The National Assembly did not meet the required quorum during passing of the 26th amendment, the lawyer argued. He added that the amendment, passed by Parliament, raises fundamental constitutional issues and was introduced improperly, affecting the basic structure of the Constitution.
However, Additional Attorney General, Sana Ullah raised objections to the petition’s maintainability, stating that Peshawar High Court can only issue directions within Khyber Pakhtunkhwa’s jurisdiction. He added that the Supreme Court of Pakistan has already decided to hear similar cases, making this petition non-maintainable.
The petitioner requested the inclusion of all four provincial governments, the federal government, and other necessary parties through supplementary petitions, Additional Attorney General stated. PHC ultimately dismissed the petition after the petitioner chose to withdraw it, considering the Additional Attorney General’s objections and the six supplemental petitions filed.
PHC grants conditional permission for Civil Judge exams: A divisional of Peshawar High Court (PHC) comprising Justice Ijaz Anwar and Justice Syed Arshad Ali has granted conditional permission to candidates for participation in judicial exam for civil judge/ judicial magistrate/ Alaqa Qazi positions, despite a two-year court practice requirement.
The petitioners including Abid Hussain Shah, lawyers from 13 districts of Khyber Pakhtunkhwa challenged the two-year experience requirement introduced in the Judicial Service Rules 2015. The counsel Numan Mohib Kakakhel advocate argued that this is discrimination against lawyers from Khyber Pakhtunkhwa, as other provinces, including Sindh, do not have this requirement, the lawyer argued.
PHC directs ANF personnel to face relevant court after dismissal of writ: A divisional bench comprising Chief Justice of Peshawar High Court (PHC) Justice Ishtiaq Ibrahim and Justice Waqar Ahmad has dismissed petitions filed by Ashna Gul and six Anti-Narcotics Force (ANF) officials, seeking cancellation of a First Information Reports (FIRs) lodged against them, on Wednesday.
The ANF had raided Ashna Gul’s residences, recovering a large quantity of narcotics and registered FIR. However, the counsel Amin-ur-Rehman Yousafzai advocate argued that the petitioner was forcibly abducted and falsely implicated, while the ANF argued he was wanted in multiple cases.
The ANF had frozen petitioner’s properties, worth millions, without justification, the lawyer stated. PHC directed both parties to pursue their cases in relevant courts. The court ruled that the FIR cancellation requests cannot be entertained at this stage.
