F.P. Report
PESHAWAR: A divisional bench comprising of Chief Justice Peshawar High Court (PHC) Justice Muhammad Ibrahim Khan and Justice Waqar Ahmad declared arrest of Irfan Salim null and void while ordered Chief Secretary and Inspector General of Police (IGP) Khyber Pakhtunkhwa to appear before court for assuring that accused on bail wouldn’t be arrested without the consent of court, on Tuesday.
During hearing Pakistan Tehreek-e-Insaf (PTI) president Irfan Salim was produced before the court while Deputy Commissioner (DC) Peshawar was also present in person for arrest of petitioner under Maintenance of Public Order (MPO) on PHC orders. Advocate General Khyber Pakhtunkhwa Amir Javed and counsel for petitioner Ali Zaman Advocate along with Shah Faisal advocate appeared before the PHC.
Chief Justice Muhammad Ibrahim Khan inquired whether DC had read court’s order while Advocate General answered that of course, he did it. Then Chief Justice inquired from DC why the petitioner was arrested despite the court’s order and added that if court orders weren’t implemented then we have no right to severe the judiciary.
Chief Justice observed that DC and police become so powerful that they didn’t obeying court’s order because this was direction of PHC’s divisional bench as well as of CJ. He further added that if we didn’t implement high court orders then would say goodbye to the chair/position {as Judge}. However, DC Peshawar argued that he wasn’t aware regarding court’s order and PTI’s leader Irfan Saleem was arrested under new MPO orders as demanded by Senior Superintendent of Police (SSP) Operation in a letter regarding law and order situation.
In the meanwhile, Chief Justice observed that DC had thrown court’s order to basket because PHC had issued clear direction while it was forwarded to Session Judges and police. Chief Justice Muhammad Ibrahim Khan remarked that DC had arrested Irfan Salim on orders of someone else.
Moreover, the court may initiate action against DC Peshawar but he can’t stand on his own feet, Chief Justice remarked. He added that we wouldn’t compromise on the integrity of High Court and would implement the court’s order at the cost of any consequences. PHC will act against anyone for violating court’s orders and directed release of PTI’s leader Irfan Salim as well as suspended MPO along with other similar directions.
The divisional comprising Chief Justice PHC Justice Muhammad Ibrahim Khan and Waqar Ahmad ordered Chief Secretary along with IGP to appear for assuring that court’s order wouldn’t be violated in future on next hearing to be fix.
Meanwhile, another PHC’s divisional bench comprised Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah stopped arrest of PTI’s leaders including parliamentarians for seven as well as directed the petitioners to approach competent court for Bail before Arrest pleas.
PTI’s leaders including former provincial ministers Taimour Jaghra, Kamran Bangash, former Members of National Assembly Arbab Sher Ali, Amir Ayub, former deputy speaker Khyber Pakhtunkhwa Assembly Mahmood Jan, former members of provincial assembly Asif Khan and Fazal Elahi approached PHC seeking provision of record of cases and inquiries against them.
The counsel Ali Gohar advocate argued that the petitioners were nominated in different cases of vandalism after arrest Imran Khan on 9th& 10th May which is initiated for political victimization. He argued that PHC had granted bails to other petitioners in identical cases.
The counsel argued that the government neither providing record of cases registered against petitioners nor informing regarding inquiries initiated against PTI’s leadership. He added that police are raiding the residences of petitioners in the fabricated cases.
In the meantime, Justice Ishtiaq Ibrahim remarked that we will look into how accused are arresting despite court’s orders? He observed that PHC will act on violation of court’s orders because it is reporting on daily basis.
However, Additional Advocate General Danyal Chamkani argued that a report would be submitted in this regard before PHC. The counsel for applicants argued that petitioners are willing to appear before court but there is fear regarding their arrest on their appearance.
PHC’s divisional bench had stopped competent authorities from arresting PTI’s leaders for seven days and ordered provincial government to submit report in this regard while adjourned hearing for today (Wednesday).
Arrest of accused on bail: PHC orders KP CS, IGP to appear
