Hamayun Khan
PESHAWAR: Peshawar High Court (PHC) ordered Inspector General of Police/ Provincial Police Officer, Director Anti-narcotics Force, Director General Excise, Taxation and Narcotics Control and the Chief Collector Custom Khyber Pakhtunkhwa directed to make videography during narcotics recovery cases after 15th April, on Friday.
The decision was taken following a case reported from Charsadda as Imdad Ullah was booked under KPCNSA at police station Naisata for recovery for 803 grams Ice-drug and 707 grams narcotics substances along with co-accused Zubair, while hearing of bail petition, his counsel leveled serious allegation ofr Rs35 thousand from petitioner’s father by the local police.
Instances came to High Court wherein accused were booked in some other offenses and thereafter were shown involved in narcotics cases. Such wrong custodies/ detentions were questioned by them under 491 Cr. PC.
A report was sought from District Police Officer (DPO) Charsadda which was accordingly submitted however, the court found the same unsatisfactory hence, DPO was summoned personally. PHC observed while deciding the petition stated; the police must lay heavy hands on the culprits involved in narcotics cases so that the society in general and youth of the country in particular is protected from drug abuse. But at the same time it is their responsibility to remain candid and unbiased and avoid false implication of innocent people and that it is their responsibility to associate private witnesses in cases of raid on houses.
PHC also directed all the learned District and Session Judges of the Province that from 15th April 2023 the proceedings in recovery of narcotics cases be conducted in line with observation made in the judgement.
PHC suspends transfer of Deputy Secretary Admn
Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Syed Arshad Ali and Justice Sahibzada Asadullah has granted status quo against transfer orders as well making Deputy Secretary Administration Local Board Council Naseer Ahmad Khan as Officer on Special Duty (OSD) while directed respondents to submit reply, on Friday. The counsel Babar Khan Yousafzai Advocate argued that on 5th April 2023 petitioner was declared OSD while Yasir Ali was posted as Deputy Secretary Administration. He added that the petitioner was nominated for another posting in the letter written for No Objection Certificate (NOC) among Local Council and Election Commission of Pakistan (ECP) but after approval of NOC Naseer Ahmad Khan has been compelled to became OSD.
The counsel further argued that Caretaker government has no jurisdiction to make such transfers like OSD and if ECP provide NOC for particular post then the interim govt is compelled to ensure posting on the approved position but here posting has been made on nepotism and favoritism. PHC has already suspended such orders which has initiated against the law and procedure while argued that recently High Court has suspended caretaker government orders regarding dissolution of Medical Teaching Institution (MTI) policy board and Board of Governors, Yousafzai argued. PHC’s divisional comprised of Justice Syed Arshad Ali and Justice Sahibzada Asadullah granted status quo against transfers of Deputy Secretary Administration Naseer Ahmad while ordered caretaker government along with other respondents to submit reply.
KP service tribunal reinstate DD population welfare: A divisional bench of Khyber Pakhtunkhwa Services Tribunal comprised by Rozina Rehman and Fareeha Paul suspended demotion orders of Deputy Director (DD) Population Welfare Department erstwhile Fata Dr. Lal Zari for her alleged involvement in purchase of sub-standard medicines, on Friday.
The counsel Noor Muhammad Khattak Advocate argued that in 2014 Population welfare Department erstwhile Fata has procure medicine for department while latterly it was blamed that the sub-standard drugs were purchased while an inquiry was initiated in which the petitioner Dr. Lal Zari was terminated from service. The petitioner has approached Services Tribunal against inquiry committee because Lal Zari was a member of procurement committee. The tribunal reinstated the petitioner ordered another inquiry and declared that sole responsibility is lying on the shoulder of Secretary Social Welfare Secretary as chairman of procurement committee. The counsel argued that Inquiry Officer has convicted Dr. Lal Zari and recommended her demotion while granted clean chat to other members of procurement committee including chairman. The counsel argued that no one can be convicted twice for one offense/ illegality. Khyber Pakhtunkhwa Services Tribunal Rozina Rehman and Fareeha Paul reinstated DD Population Welfare Department in BPS-18 after conclusion of arguments.
