Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Shakeel Ahmad and Justice Kamran Hayat Miankhel ordered Deputy Commissioner (DC) Haripur for appearance before court today (on Wednesday) in arrest of former provincial minister Yousaf Ayub under Section 3 of Maintenance of Public Order (MPO), on Tuesday.
Pakistan Tehreek-e-Insaf (PTI) leader Yousaf Ayub was arrested on 2nd February 2023 under 3MPO on District Police Officer (DPO) Haripur recommendation, the counsel argued. The lawyers added that Yousaf Ayub is law abiding citizen and busy in election campaign as his two brothers are contesting general elections scheduled on 8th February.
The court had already stopped law enforcement agencies from harassment of petitioner’s two brothers but Yousaf Ayub was detained on DC orders under 3MPO which is against the constitution of Pakistan, the lawyers added.
The counsel argued for declaration of 4MPO is illegal and unconstitutional as well as release of Yousaf Ayub because the petitioner’s family is continuously under harassment and pressure to stop them from election campaign which is clear cut violation of fundamental rights.
In the meantime, Justice Shakeel Ahmad observed that why no this plea should be transfer to PHC Abbottabad bench as well as suspend MPO orders against petitioner. However, Additional Attorney General Khyber Pakhtunkhwa Danyal Asad Chamkani argued that Yousaf Ayub was arrested under 3MPO after DPO directions because he is threat to law and order situation during election.
Justice Kamran Hayat Miankhel remarked that the plea deals with one’s freedom. However, Additional Advocate General Danyal Asad argued that DC may issue MPO orders for maintenance of law and order situation. PHC’s divisional bench comprising of Justice Shakeel Ahmad and Justice Kamran Hayat Miankhel ordered DC Haripur to appear today.
Meanwhile, Chief Justice PHC Justice Muhammad Ibrahim Khan adjourned hearing on writ plea against arrest of PTI Local Government chairman Nabi Ullah from court’s premises till 13th February.
The counsel Khurram Zeeshan and Shah Faisal advocates argued that Nabi Ullah was arrested from court’s premises in Kohat on his return from Bail before Arrest plea by police along with other persons in civil dress. The lawyers claimed that two eye-witnesses of the arrest had recorded their statements before Additional Registrar while PHC Chief Justice Muhammad Ibrahim Khan adjourned further hearing till 13th February.
AD&SJ grants bail before arrest: Additional District and Session Judge (AD&SJ) Shaukat Ali granted Bail before Arrest of alleged culprit involved in drug smuggling, on Tuesday.
According to prosecution, on 31st December 2023 arrested a smuggler along with two kilograms Ice-drug and disclosed name of Raza Shah as owner of the contrabands.
The counsel Shehryar Khilji advocate argued that neither drugs are recovered from possession of Raza Shah nor having any relation with the arrested accused.
