Humayun Khan
PESHAWAR: A two-member bench of Peshawar High Court (PHC) comprising Justice S.M. Atique Shah and Justice Sahibzada Asadullah dismissed Awami National Party (ANP) central president Aimal Wali Khan writ seeking constitution of Judicial Commission to identify public holders involved in resettlement of terrorist in Khyber Pakhtunkhwa, on Tuesday.
During hearing Justice SM Atique Shah remarked that the court will not interfere in policy matters. The petitioner is a senator; why don’t you raise this issue in the Senate?
The counsel Babar Khan advocate argued that the re-settlement process had severe consequences for the province and that the court had previously formed commissions on public interest issues.
The counsel Babar Khan Yousafzai and Sultan Muhammad Khan advocates appeared before the court. Additional Advocate General Asad Jan Durrani represented the provincial government, while Assistant Attorney General Dawlat Khan appeared for the federal government.
The counsel for the petitioner argued that the previous (PTI) government had initiated the re-settlement process, and despite filing a petition in 2023, no action had been taken. He requested the court to form a fact-finding committee to identify those responsible.
Justice S.M. Ateeq Shah responded, you (the petitioner) should form a national jirga, gather all political parties, and try to resolve this issue. Parliament is supreme; raise these matters there.
PHC dismissed the petition citing that policy matters were outside the court’s jurisdiction and observed that parliament is appropriate forum for addressing these issues.
It is worthy to mention that ANP central president Aimal alleged that the previous (PTI) government had initiated the re-settlement process which is leading to increased terrorism-related incidents in the province.
The petitioner had filed writ petition seeking inquiry commission for identification of public office holders involved in the resettlement of terrorists in Khyber Pakhtunkhwa which dismissed by Peshawar High Court in a verdict announced, last day.
