PHC orders submission of reply

Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprised of Justice Abdul Shakoor and Justice Syed Arshad Ali ordered submission of a reply regarding provision of legal protection to the misusers of Khyber Pakhtunkhwa’s government helicopter through legislation while adjourning further hearing till 2nd November, on Thursday.
PHC further directed to provide of copy of government comments to the petitioner. The amendments for legal protection to misusers of helicopter was challenged by Pakistan Muslim League Nawaz (PMLN) Former Member Provincial Assembly Sardar Yousaf before PHC. The counsel Tariq Afridi and Sardar Nasir Aslam Khan advocates argued that Government of Khyber Pakhtunkhwa had made legislation regarding the use of helicopter which had also protected misusers of the government’s helicopter since 2008.
The writ pleaded that legislation passed regarding using of government’s helicopter is contradictory with fundamental rights because unauthorized persons can’t be entitled to utilize the public’s exchequer helicopter. The legislation made regarding usage of Khyber Pakhtunkhwa government’s helicopter to protect Pakistan Tehreek-e-Insaf chairman Imran Khan because he had misused it from 2013-18 unprecedently, the writ stated.
The counsel Tariq Afridi advocate argued PHC to declare legislation null and void as well as to direct recovery from unauthorized persons for using Pakhtunkhwa’s helicopter. However, Advocate General Khyber Pakhtunkhwa Amir Javed informed that provincial government had submitted reply before the court while PHC ordered provision of copy to the petitioner and adjourned further hearing till 2nd November.
PHC observed that on next hearing the arguments of all parties would be heard while also adjourned hearing on Arbab Jahan Dad writ petition. Although, PHC’s divisional bench comprised of Justice Ishtiaq Ibrahim and Justice Asadullah dispose-of writ petition seeking records of cases registered against PTI’s leader Senator Azam Swati and Murad Saeed after submission of reply by provincial government.
Additional Advocate General Danyal Asad Chamkani and counsel Qazi Muhammad Anwar along with Mashal Yousafzai advocates appeared before PHC during hearing. Qazi Muhammad Anwar Advocate argued that police is raiding residences of PTI’s leaders as well as harassing their family members after 9th May following arrest of Imran Khan by National Accountability Bureau for political victimization.
Moreover, the government has approached multiple times for provision of record that PTI’s leader can contest the allegation at the court of Law but to no veil, the counsel added. However, Additional Advocate General Danyal Chamkani informed that there is no case against Senator Azam Swati in Khyber Pakhtunkhwa and added that Murad Saeed is nominated in FIR at Swat for 9th May vandalism.
PHC’s divisional bench comprised of Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah dispose-of writ petition after submission of record while observed PTI’s leaders may approach High Courts of respective province where they are nominated in cases.