PHC orders to produce SC’s proceedings record

Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice SM Attique and Justice Syed Arshad Ali has ordered submission of Supreme Court of Pakistan’s record regarding trial of civilian allegedly involved in 9th&10th May vandalism in Military courts, on Tuesday.
Advocate General Khyber Pakhtunkhwa Amir Javeed while Shah Faisal Ottomankhel advocate appeared on behalf of petitioners before PHC during hearing. The counsel argued that civilians are trialing at Military courts allegedly involved in 9th May vandalism while seven prisoners had been handed-over to military out of 33 from Mardan district.
The counsel added that as per First Information Reports (FIRs) registered against Pakistan Tehreek-e-Insaf (PTI) activists can’t placing liability of trial in the Military’s court. However, Advocate General argued that identical cases regarding trial of civilians in Military’s court is under proceedings at SCP and requested to adjourned the hearing till Supreme Court’s decision in this regard.
In the meantime, the petitioner’s counsel argued that current petition is different from case pending before SCP because it was filed under Public Interest Litigation (PIL) while this writ is filed by prisoners accused in the 9th May vandalism while seven had handed-over to Military. The counsel argued that the petitioners should release on bail in case of wait till SCP’s judgement in this regard while face the consequences in the light of decision.
However, PHC has ordered to produce proceedings’ record regarding trial of civilian in Military courts and adjourned further hearing. Similar PHC’s bench has reissued notices to respondents regarding constitution of Joint Investigation Team (JIT) for free and fair probe into 9th&10th May vandalism in PTI’s writ petition for placing liability on the responsible persons.
PTI’s counsel argued that the party pleading for constitution of JIT on 9th&10th May vandalism for identification of culprits involved in the hooliganism across Khyber Pakhtunkhwa and imposition of charges in this regard. The counsel added that no department has submitted reply in this despite court’s orders in this regard and requested for establishment of JIT chaired by PHC’s judges to probe 9th&10th May vandalism.
However, PHC has reissued notices to government along with other respondents to submit reply while adjourned further hearing. Moreover, PHC redirected provincial government to submit record of cases against PTI’s leaders including Asad Qaiser, Aqib Ullah, Shehryar Afridi and City’s president Irfan Saleem with supplementary petition before court.
Additional Advocate General Jalal-u-Din Akbar Gara and Barrister Yasin on behalf of government while Shah Faisal Ottomankhel along with Arshad advocates appeared on behalf of petitioners before PHC. The counsel requested for provision of record of FIRs and inquiries against petitioners because PTI’s leaderships facing imprisonment following release on bail in other cases.
However, in the meantime PHC’s divisional bench comprised of Justice SM Attique Shah and Justice Syed Arshad Ali ordered provincial government to obtain information from Deputy Commissioner Kohat regarding cases against Shehryar Afridi with supplementary petition and submit within three days while adjourned further hearing.