PESHAWAR: Peshawar High Court (PHC) has adjourned hearing till 13th June in writ petition seeking omission of sections of Army Act imposed on civilian belongs to Mardan in First Information Report (FIR) registered against 9th& 10th May vandalism, on Thursday. PHC’s divisional bench comprised of Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah heard writ filed by Gul Raj while counsel for petitioner Shah Faisal Ottomankhel advocate and Additional Advocate General Danyal Asad appeared before the court on behalf of provincial government.
It is decided that the accused arrested for vandalism on 9th& 10th May after arrest of Imran Khan by National Accountability Burau (NAB) on corruption charges should be tried in Military’s court while seven activists had handed over to Army in this regard, the counsel argued.
The counsel added that civilian can’t be tried in Military’s court after 23rd constitutional amendment, however, Justice Ishtiaq Ibrahim observed that it needs commentary of constitution because as per Official Secrete Act civilian can be court martialed.
Justice Ishtiaq Ibrahim further inquired that how civilian can be tried under Official Secrete Act and added that it needs commentary of constitution while Additional Advocate General informed section under Army Act has already omitted from the FIR on recommendation of District Public Prosecutor (DPP) and added that DPP has provided his opinion on the subject matter. However, PHC has observed that the case should be heard on 13th June due to lawyer’s strike and adjourned further hearing.
Meanwhile, Special Anti-terrorism court adjourned till 21st June on interim bail petition of former Member Provincial Assembly (MPA) Malak Wajid in 9th& 10th May vandalism and ordered police to submit record in this regard.
According to prosecution, former MPA and Pakistan Tehreek-e-Insaf (PTI) Malak Wajid has allegedly involved in vandalism in Peshawar after arrested of Imran Khan by NAB in corruption allegation from Islamabad. Former MPA has allegedly damaged both public and private properties on 9th& 10th May while FIRs were registered against Malak Wajid at Khan Razzaq Shaheed and Chamkani police stations. PTI leader has approached ATC to obtain bail before arrest while court has ordered to submit record and adjourned further hearing till 21st June.