Humayun Khan
PESHAWAR: The Peshawar High Court (PHC) has restrained arrest of former Khyber Pakhtunkhwa Chief Minister and Pakistan Tehreek-e-Insaf Parliamentarians’ chief Mahmood Khan in a case related to FIR registered by the Anti-Corruption and adjourned the hearing till 18th June, on Wednesday.
PHC two-member bench comprising of Justice Sahibzada Asadullah and Justice Kamran Hayat Miankhel heard the petition. The counsel Sultan Muhammad Khan, informed the court that the petitioner is former Chief Minister, facing an inquiry initiated by the Anti-Corruption in 2018, but no information was provided to him. He later approached the High Court and was granted interim relief.
The lawyer alleged that the FIR registered against Mahmood Khan was a result of political vendetta. He stated that in Pakistan, it is a misfortune that whenever someone leaves the government, cases are registered against them. Mahmood Khan was previously a member of PTI and later formed another party, which led to him being targeted.
The lawyer informed the court that when they challenged the inquiry, they were not given access to the FIR, and it was not told to them what crime they had committed. Later, when comments were sought on the writ petition, it was revealed that a FIR had been registered. Another petitioner, Tariq Mahmood, had already filed a writ petition for the cancellation of the FIR and was granted a stay order.
The lawyer stated that on September 3, 2024, the petitioner received a notice from the Anti-Corruption Department to appear in inquiry number 45, and some essential questions were asked, which were answered. However, despite this, the Anti-Corruption Department is trying to harass him in different ways.
The lawyer argued that the FIR registered against Mahmood Khan relates to his tenure as Minister, which ended 10 years ago. Despite this, these tactics are being used to harass him. The Constitution clearly states that everyone has the right to defend themselves, but the petitioner is being harassed through notices and other means.
The Additional Advocate General informed the court that the petitioner has not joined the investigation so far, and there are other petitioners who have also filed petitions for the cancellation of the FIR. The court ordered that the writ petition be clubbed with other petitions and restrained the Anti-Corruption Department from arresting Mahmood Khan till 18th June.