Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising Justice Ijaz Anwar and Justice Sahibzada Asadullah has postponed the hearing of a contempt of court petition related to the possession of 36,000 kanals of land owned by Auqaf in the Kalu Shah area of Mardan till February 18 due to status quo obtained by 140 possessors, on Tuesday.
During the hearing, the Administrator of Auqaf, Yousaf Ali Mohmand, Additional Deputy Commissioner General Mardan, Saeedullah Jan, Assistant Commissioner Takhbhai Junaid Khalid and lawyers for the leaseholders, Amin ur Rehman and Nasir Mehfooz advocates appeared before the court.
The lawyer for Auqaf, Liaqat Ali Shinwari, informed the court that a progress report had been submitted in accordance with the court’s order. The report stated that the Auqaf department and the district administration of Mardan had completed the profiling of 36,000 kanals of land. Additionally, a one-window operation was initiated to facilitate the leaseholders in signing new lease agreements.
The report also stated that advertisements were published in electronic media, newspapers and social media to inform the leaseholders about the signing of new lease agreements. However, despite these efforts, 140 individuals who were not the actual leaseholders had entered into an illegal lease agreement in 1987, which was later declared null and void by the Supreme Court.
The progress report further stated that despite the lapse of 40 years, the issue of the 36,000 kanals of land remains unresolved, and the Auqaf department does not have control over the land. The report also mentioned that other landowners are reluctant to enter into new lease agreements until the issue of the 3,300 kanals of land is resolved.
The Administrator of Auqaf, Yousaf Ali Mohmand stated that all preparations have been completed, and landowners have been provided with various options. However, the lawyer for the petitioners, Hayat Ullah, and other parties, informed the court that the Peshawar High Court had issued a restraining order on the petitions of 140 individuals the previous day, and the Auqaf department had not yet submitted a response.
The court therefore sought a response from the Auqaf department on the petitions. The bench postponed the hearing of the case until February 18 and directed the Auqaf department to submit a response to the petitions.
More than 2500 contempt of court pleas pending against public servants: The Chief Justice Peshawar High Court (PHC), Justice Ishtiaq Ibrahim, expressed annoyance over the absence of various government officers in a contempt of court petition proceedings. He stated that currently, more than 2,500 contempt of court petitions are pending against different government departments, but unfortunately, most of the officers fail to appear in court.
The Chief Justice made these remarks during the hearing of a contempt of court petition filed by a woman. PHC’s two-member bench comprising of Chief Justice Justice Ishtiaq Ibrahim and Justice Waqar Ahmad.
The counsel Muhammad Shabir Khalil advocate appeared before the court. When the hearing began, the relevant department’s officer failed to appear, prompting the Chief Justice to remark that contempt of court petitions being filed daily, but officers are not appearing in court. This is increasing the burden on the court.
The Chief Justice stated that they will try to consolidate all these cases and hear them together, as the court’s orders must be implemented. He further remarked that court orders are not being implemented, and there are over 2,500 contempt of court petitions pending in the High Court.
The Chief Justice warned that if government officers fail to implement court orders, they will be summoned to court, and contempt of court proceedings will be initiated.
