Humayun Khan
PESHAWAR: A two-member bench of Peshawar High Court (PHC) comprising Justice Ijaz Anwar and Justice Syed Arshad Ali adjourned hearing till 17th December against Election Commission’s notice issued to Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur regarding assets, on Tuesday.
The court deferred the hearing till 17th December, allowing the petitioner’s lawyer, Malik Akhtar Hussain, time to prepare the case. The Election Commission issued a notice to Chief Minister Ali Amin Gandapur regarding allegations of assets. In another case, the Peshawar High Court dismissed a petition filed by Maulana Naseem Hassan Shah, who won the NA-39 Beno National Assembly seat.
The petitioner’s lawyer argued that the petitioner opponents, Asghar Ali and Malik Ehsan, filed a complaint with the Election Commission alleging that Shah was a member of the Ideological Council and received benefits, violating Articles 62 and 63 of the Constitution.
PHC reserved verdict on Gandpur plea: A divisional bench of Peshawar High Court (PHC) comprising Justice Ijaz Anwar and Justice Syed Arshad Ali reserved judgement regarding the Election Commission of Pakistan’s (ECP) notice to Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur, on Tuesday.
The counsel Alam Khan Adeenzai advocate argued that the ECP’s notice was unjustified and beyond its authority since the election tribunal has already been established. The ECP’s lawyer stated that similar complaints were received and after the tribunal’s formation, they were referred to the tribunal. However, the court had already issued a stay order on the matter. The ECP issued a notice to Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur regarding allegations of rigging.
Court seeks government’s response on PTM ban: A divisional bench comprising of Chief Justice Peshawar High Court (PHC) Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah ordered federal and provincial governments to submit response to a petition challenging the ban on the Pashtun Tahafuz Movement (PTM), on Tuesday.
The petition filed by PTM chief Manzoor Ahmed Pashteen contends that the government’s decision to proscribe the organization is unconstitutional, unlawful, and violates fundamental rights. The counsel Atta Ullah Kundi advocate argued that PTM formed in 2014, aims to protect Pakhtun rights, promote peace, rule of law and accountability in the region. Inspired by Abdul Ghaffar Khan alias Bacha Khan’s non-violent movement. The federal government banned the PTM on 6th October citing alleged involvement in anti-state activities and threats to national security. The government also listed PTM leaders and workers under the First Schedule and Fourth Schedule of the Anti-Terrorism Act, 1997, the lawyer added.
The petition argue that the ban is unjustified and violates Articles 16, 17, and 19 of the Constitution, guaranteeing freedom of assembly, association and speech. The government failed to provide evidence of PTM’s involvement in anti-state activities. The listing of PTM leaders and workers under anti-terrorism laws is arbitrary and unjustified. Meanwhile, Additional Attorney General Sana Ullah and Additional Advocate General Inam Yousafzai appeared on behalf federal and provincial governments respectively.
PHC seeks record of cases against PTI’s leaders: PHC has directed the federal government to submit a response regarding the cases filed against Khyber Pakhtunkhwa’s Minister for Irrigation Aqib Ullah and Tehsil Chairman of Swabi Atta Ullah within 15 days.
PHC’s divisional bench comprising Chief Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah heard the petition filed by Aqib Ullah and Atta Ullah. Their lawyer, Arshad Ahmed advocate requested the court to seek details of the cases filed against his clients in Islamabad and Attock. PHC ordered the federal government to provide details of the cases within 15 days. Additionally, the court directed the petitioners to file a separate application for protective bail in cases filed in Punjab.
PHC grants proactive bail to Mashwani: PHC’s single bench of Justice SM Attique Shah has granted protective bail to Iftikhar Mashwani, a member of the Provincial Assembly, in cases filed against him in Islamabad and other cities. The court also directed the federal government to submit a report detailing the cases filed against Mashwani within 15 days. The counsel Ali Zaman advocate argued that the petitioner wanted to appear before the relevant courts but feared arrest before doing so. The court accepted the plea and granted Mashwani protective bail, ordering him to appear before the courts within 14 days.
