PHC CJ: Court orders to be implemented at all costs

Humayun Khan
PESHAWAR: Chief Justice Peshawar High Court (PHC) Justice Muhammad Ibrahim Khan remarked that the court wouldn’t tolerate ignorance in the implementation of judgements because it is made under constitution and law while adding that we have no sympathies with any political party or personality, on Tuesday.
The chief justice observed that court will not allow sabotaging of decisions. He added that the decisions aren’t will of any personality but judgements are made as per the constitution and law from Magistrate to Supreme Court.
PHC’s Chief Justice Muhammad Ibrahim Khan acknowledged civil administration and police efforts for law and order in the provision but also assured implementation of the court’s orders. While Justice Ishtiaq Ibrahim remarked that the implementation of the court’s decision is a key indicator of civilized societies and observed that don’t create perception which perceives living in an uncivilized society.
The divisional bench made these observations during hearing of writ regarding arrest of Pakistan Tehreek-e-Insaf (PTI) Peshawar city president Irfan Salim despite court’s order while Advocate General Khyber Pakhtunkhwa Amir Javed, chief secretary Tahir Nadeem Chaudary, Inspector General of Police Akhtar Hayat Ghandapur, Capital City Police Officer Peshawar Syed Ishfaq Noor, Senior Superintendent of Police Operation Kashif Abbasi and counsel for petitioner Ali Zaman Advocate appeared before PHC.
The writ pleaded that the court had earlier set-aside arrest of PTI’s president Irfan Salim under Maintenance of Public Order (MPO) but on 28th September was Irfan Salim was arrested under fresh MPO order. It is worthy to mention that the petitioner had filed application to Chief Justice PHC which was converted into writ petition.
Chief Justice Muhammad Ibrahim Khan remarked while directing Chief Secretary and Inspector General of Police Khyber Pakhtunkhwa that we are aware regarding responsibilities of your positions as well as about current situation but court would oversight implementation of judgements. PHC’s chief justice observed that earlier Member Provincial Assembly Rangeez Khan was also arrested despite court’s order. He remarked that may Deputy Commissioner issuing warrant under MPO on someone else directions.
The chief justice said while directing Chief Secretary that Rule of Law can balance the society there will be nothing in the lasting. He further observed that they {DCs} are young officers but court’s orders would implement at any cost. In the meantime, chief secretary upheld the integrity of judiciary and argued that administration has right to file appeal or revision petition against judgements in case of differences. However, chief justice observed that you have right to revision but court will decide petitions under constitution and law without any sympathies for political party or personality.
The chief Justice Muhammad Ibrahim Khan remarked that I have no political carrier neither my family is involved in such activities and added that he is serving as judge from 33 years. PHC’s Chief Justice observed that he had took oath to protect fundamental right under constitution and law. Inspector General of Police Khyber Pakhtunkhwa Akhtar Hayat Ghandapur also upheld supremacy of constitution and assured that police will oblige to follow court orders in its spirit.
During hearing Justice Ishtiaq Ibrahim remarked that all court’s orders are equal it may Magistrate or High Court decisions. We didn’t support anyone, you! perform your duties and we will do our duties, the country is performing under constitution, Justice Ishtiaq observed.
PHC ordered Chief Secretary Khyber Pakhtunkhwa for issuance of directions to concerned Commissioners and DCs for implementation of court’s orders. Chief Justice directed Chief Secretary for legal assistance with Advocate General because he has competent team while observed that no one right can’t to be hurt and it is my responsibility as chief justice.
PHC had withdrawn notices against Chief Secretary and Inspector General of Police by declaring that concerned officers assured before court, so its necessary to be explain in written while dispose-of writ petition in this regard.
Meanwhile, PHC’s divisional bench comprised of Justice Abdul Shakoor and Syed Arshad Ali issued notice Federal Ministry of Law for submission of reply regarding civilians trial in Military’s court. The writ petition filed by Insaf Lawyer Forum provincial convenor Qazi Muhammad Anwar Advocate against trial of civilians in Military’s courts in 9th& 10th May. He argued that several civilian had handover to military trial in 9th& 10th May incidents.