APS’s attackers case transfer to session’s court

Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising Justice Naeem Anwar and Justice Khursheed Iqbal ordered the submission of record regarding transferring of alleged militants involved in Army Public School (APS) attack from the Anti-terrorism Court (ATC) to Session Court, on Thursday.
Provincial Government of Khyber Pakhtunkhwa has challenged ATC decision regarding the transfer of two alleged militants named as Commander and Shakeel cases to session court while Additional Advocate General Danyal Asad Chamkani appeared before PHC during hearing.
Additional Advocate General Danyal Asad Chamkani argued that both Commander and Shakeel are nominated in First Information Report regarding attack on APS but ATC has transferred the case to session court due to lack of jurisdiction because Shakeel is a juvenile.
Additional Advocate General Danyal Asad further argued that ATC has made PHC judgement as precedent in this regard and added that Commander isn’t juvenile but his case also transferred to Session’s court. He argued juvenile shouldn’t be liable in ordinary legislation but special legislation has no exception.
In this case minimum punishment is lifetime imprisonment or death penalty and it is special legislation and the case can’t be transferred to Session’s court and the only competent forum is ATC in this jurisdiction, Additional Advocate General stated. He objected to the transfer because alleged militants are behind the bars since 2019 and requested to declare ATC’s decision null and void. PHC’s divisional bench comprising Justice Naeem Anwar and Justice Khursheed Iqbal ordered submission of the record in this regard and adjourned further hearing till 23rd August.
Meanwhile, PTI Senator Aurangzeb appeared before similar bench while PHC’s extended status quo under Maintenance of Public Order (MPO) and ordered provincial government to submit records of cases registered till 23rd August.
Additional Advocate General Danyal Asad and petitioner’s counsel Adnan Aman advocate appeared before court during the hearing while the petitioner had challenged Deputy Commissioner Orakzai’s order under MPO.
The counsel argued that the petitioner’s arrest warrant under MPO for 9th& 10 May vandalism despite Senator Aurangzeb of PTI being aboard on the same dates while arguing that the applicant’s passport also shows that once again from 21st to 28th June flayed aboard. He argued that DC Orakzai issued on 3rd July arrest warrant for Senator Aurangzeb under MPO.
However, Additional Advocate General Danyal Asad Chamkani informed that one case is registered Senator Aurangzeb while PHC ordered to submit a reply and adjourned further hearing till 23rd August.