Arrest of former MPA outside court: PHC stops arrest of Asad, Rangeez

Humayun Khan
PESHAWAR: A special bench of Chief Justice Peshawar High Court (PHC) Justice Muhammad Ibrahim Khan stopped arrested of former Speaker National Assembly Asad Qaiser and ex Member Provincial Assembly (MPA) Khyber Pakhtunkhwa Rangeez Khan till 15th August, on Friday.
It is preeminent to mention that Chief Justice PHC Justice Muhammad Ibrahim held special bench following deferment of case by Justice Ijaz Anwar after arrest of ex-MPA Rangeez Khan outside High Court despite bail obtained from court on his holiday.
Moreover, Justice Ijaz Anwar ordered Capital City Police Officer (CCPO) but he didn’t appear due to scheduled activities on occasion of police Martyrs Day while Senior Superintendent of Police Coordination appeared before PHC. Why former MPA has been arrested despite obtaining bail? Justice Ijaz Anwar inquired and deferred to Chief Justice PHC. After resuming the hearing Chief Justice Muhammad Ibrahim Khan remarked that how can police arrest accused after obtaining the bail from court and ordered to appear Rangeez Khan within 30 minutes before PHC.
Chief Justice observed that he was on holiday but reach the court on the subject matter. Advocate General informed ex-MPA from outside the court, however, Chief Justice Ibrahim Khan inquired did it despite Rangeez Khan has obtained relief from court of law.
Chief Justice Muhammad Ibrahim Khan it is competent of court that an accused arrested after obtaining relief from court of law and added that how can police arrest any person? Advocate General argued that police don’t arrested the ex-MPA, however, Chief Justice Ibrahim ordered to produce Rangeez Khan before arrest irrespective which agency has arrested him.
Advocate General Amir Javeed, Additional Advocate General Danyal Chamkani, Muhammad Nisar and Investigation Officer Anti-corruption Establishment Muhammad while petitioner’s counsel Shah Faisal Ottomankhel, Arshad Ali and Sher Afzal Marwat advocates appeared while producing former MPA Rangeez Khan before PHC. In the meantime, Chief Justice observe why decision of this court (PHC) was bulldozed and added that couldn’t compromise the dignity High Court. Investigation Officer Muhammad Naeem admitted that he wasn’t aware about court’s orders.
Subsequently, Chief Justice awaken Investigation Officer Anti-corruption that you shall must be aware about the contempt of court jurisdiction and proceedings while provide two paths for Muhammad Naeem to choose apology or face COC proceedings. Investigation Officer apologized in the open court while Chief Justice ordered submission of apology with affidavit. Law of jungle will prevail if rule of law wasn’t established and if such things appeared/happened than Advocate General along with others will lose their positions, Chief Justice Ibrahim Khan remarked.
Justice Muhammad Ibrahim Khan will leave the Chief Justice slot of PHC if he can’t disseminate justice in his jurisdiction and added that if Rangeez Khan wasn’t produced before PHC yesterday (on Friday) then he will resign from his position, Chief Justice observed. Chief Justice Muhammad Ibrahim Khan observed that he has sought for the first time that an accused is arrested despite court’s orders because earlier it doesn’t happen in Khyber Pakhtunkhwa.
During hearing Chief Justice annoyed Sher Afzal Marwat advocate multiple times intervention and observed that don’t make point-scoring and added that let us to reach to a legal point in the case. Advocate General informed that former MPA has been arrested in another case, however, Chief Justice remarked that in such case court’s orders are necessary for arrest of an accused while stopped arrest of petitioner in any case across Khyber Pakhtunkhwa till 15th August and directed to appear before concerned courts.