PHC to decide petition on available records on Monday

Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprised of Justice Ishtiaq Ibrahim and Justice Syed Arshad Ali has provided to more days to Governor Khyber Pakhtunkhwa for submission of reply for holding elections within 90 days while adjourned further hearing till Monday (20 February), on Thursday.
During hearing of writ petitions filed by Pakistan Tehreek-e-Insaf (PTI) seeking elections within 90 days, Justice Ishtiaq Ibrahim observed that court has ordered Governor Khyber Pakhtunkhwa to submit reply if anyone may submit or not the reply but PHC will decide the case on available record on 20th February because it is constitutional matter.
PTI’s chairman lawyer Qazi Muhammad Anwar, Shumail Ahmad Butt and Moazzam Butt Advocates appeared on behalf other PTI’s members while Advocate General Khyber Pakhtunkhwa Amir Javeed appeared for provincial government and Mohsin Kamran appeared for Election Commission of Pakistan (ECP). PTI’s chairman counsel argued that government referring that ECP should consent with Governor but it is other matter and added that election commission can announce schedule for elections.
It is constitutional matter and election should be held within 90 days while ECP reply didn’t available on file, Shumail Ahmad Butt argued. PTI lawyer also objected submission of reply by Advocate General Khyber Pakhtunkhwa on behalf of Governor because he is representative of provincial government.
In the meantime, Justice Ishtiaq Ibrahim remarked that PHC has ordered Advocate General to submit reply on behalf of Governor Khyber Pakhtunkhwa as Principal Law Officer and added that if necessary Governor will nominate his counsel.
Advocate General Amir Javeed informed that reply was delayed because Governor was busy from two days while added that he has informed Principal Secretary in this regard. He assured PHC that comments on behalf of Governor should be submitted within days.
However, Justice Syed Arshad Ali remarked that it is important case and a constitutional issue, court will provide opportunity to everyone while counsel for petitioner Moazzam Butt Advocate Governor playing delaying tactics in this regard and added that court should ensure it.
Former Governor Khyber Pakhtunkhwa Shah Farman argued on the rostrum that activities for holding elections should be initiated al least 54 days earlier to smoothly concluded the process and added that time is completed on 23rd February while requested for fixing the hearing on Monday. He requested PHC to direct Governor to announce schedule for election of Khyber Pakhtunkhwa Assembly.
After hearing Senator Shibli Faraz said that PTI is confronting with politicians whom neither accepting constitution nor law and claimed that anyone involved in treason is liable for imposition of Article 6 while addressing media personnel. He claimed that Ikram Khan Durrani is running the province rather than caretaker Chief Minister Khyber Pakhtunkhwa.
Former Governor Khyber Pakhtunkhwa Shah Farman claimed that announcement of date for election is the responsibility of Governor neither of the ECP. He added that only 54 days are remaining for conducting otherwise high treason will committed against Constitution of Pakistan.