Humayun Khan
PESHAWAR: A divisional bench comprising of Chief Justice Peshawar High Court (PHC) Justice Muhammad Ibrahim Khan and Justice Ishtiaq Ibrahim observed that court’s assistant/jury member to be nominated in former Speaker National Assembly plea against his arrest as well as provision of record of cases registered against while adjourned further hearing till 12th December, on Thursday.
Chief Justice Muhammad Ibrahim Khan observed that we are protecting fundamental rights of citizens enshrined by Constitution of Pakistan as per judge’s oath irrespective of political appliances of applicants. He added that we didn’t want a particular political party convey court’s proceedings in their favour but it’s our constitutional responsibility.
The court overlooking the subject matter of arrest that will be considered in a particular case or to be considered in all registered cases and if not, what will be the procedure as we have to protect citizen’s rights, chief justice remarked. He added that the court doesn’t that political party can convey proceedings as favoritism towards them.
Additional Advocate General Khyber Pakhtunkhwa Danyal Asad Chamkani, Deputy Prosecutor General National Accountability Bureau (NAB) Muhammad Ali and Pakistan Tehreek-e-Insaf (PTI) leader counsel Sher Afzal Marwat Advocate before court during the hearing.
The counsel Sher Afzal Marwat advocate argued that former Speaker National Asad Qaiser is arresting continuously in different cases and added that the applicant is booked in six cases at different places in relation with 9th May incidents.
The petitioner also filed a writ petition earlier regarding provision of records of cases and inquiries against Asad Qaiser while provincial government had submitted report but rearrested in new cases after obtaining bails in the previous cases, the counsel added. He argued that as many as 34 cases are registered against former Speaker National and Khyber Pakhtunkhwa Assembly till today.
Former Speaker is arrested in a case which didn’t operated under the jurisdiction of Asad Qaiser as well as one-time arrest can be considered in all cases as Supreme Court had decided in Abdul Sattar Niazi case in 1974, the counsel added. The schools and colleges owned by Asad Qaiser were closed several times while reopen on court’s intervention, Sher Afzal advocate argued.
The counsel argued that provincial government is registering new case after releasing of former Speaker and added that Asad Qaiser arrested several cases which were registered on complaint of unidentified informers, the counsel added.
In the meantime, Chief Justice Muhammad Ibrahim Khan PHC had raised similar question from prosecution and prosecution will answer that one-arrest will be considered in all cases or to be entertain in the particular in case but this is important matter and must be addressed.
Additional Advocate General Muhammad Nisar argued that he will assist court in this case but Chief Justice Muhammad Ibrahim Khan stopped him from argument and observed that he had served as Law Officer during PTI government.
However, Additional Advocate General Danyal Asad Chamkani informed that two reports on behalf of Anti-corruption Establishment is submitted and inquiry is under processes against Former Speaker National Assembly. Additional Prosecutor General Muhammad Ali informed neither inquiry nor investigation is going against Asad Qasier at NAB.
Justice Ishtiaq Ibrahim remarked that it is the responsibility of Magistrate to look over that immediate arrest in new case after release and observed that is Magistrate fulfilled his responsibility.
Unfortunately, Magistrate didn’t fulfil legal responsibility so, the petitioner approached PHC and that Supreme Court had decided it in Sughra Bibi case that the Magistrate would decide matters related to custody, the counsel argued. He added that prosecution conveying that court’s decision had no worth and it is happening for the first-time in history. It doesn’t happen for first time in history of Pakistan but you are targeted for first time, Justice Ishtiaq Ibrahim observed. While chief justice remarked that Advocate General is suppose be available because it is important case.
Advocate General Khyber Pakhtunkhwa Amir Javed after resuming of hearing and requested for provision of time for preparation while PHC accepted adjournment plea for groundwork in the case as High Court will decide the matter in detail and length. PHC stopped arrested former Speaker National Assembly Asad Qaiser and Mujahid Khan in other cases while adjourned further hearing till 12 December.
PHC questions CS regarding equal playing field to PTI: During a Contempt of Court hearing regarding the alleged restriction on Pakistan Teheek-e-Insaf (PTI) rallies, Justice Ijaz Anwar of the Peshawar High Court expressed concern over the unequal treatment of political parties.
A two member’s bench heard the case. He inquired from the Chief Secretary and the Election Commission why PTI rallies were being targeted, while other parties were allowed to hold meetings without restrictions. Justice Anwar pointed out that a crackdown was initiated whenever PTI attempted to organize a meeting, while other parties faced no such hurdles. He questioned the rationale behind this disparity, asking if there was a specific ban on PTI’s political activities.
In response, the Chief Secretary assured the court that equal opportunities would be provided to all parties. He explained that while PTI’s workers’ convention was allowed to proceed due to compliance with SOPs and placement, ANP and JUI were denied permission for failing to adhere to the guidelines. Justice SM Atiq Shah noted that without the court’s intervention, the permission for rallies was often denied.
Justice Anwar further questioned the Election Commission, asking if their sole responsibility was conducting elections. He expressed concern that despite reports of targeted actions against a specific party, the district officers remained silent.
The court also noted the appointment of caretaker ministers who were now actively participating in the elections, raising concerns about potential bias.
The Election Commission lawyer assured the court that they would take action against any violation of the law, including those involving the caretaker ministers. Justice Anwar emphasized the importance of ensuring a level playing field for all parties, urging both the Chief Secretary and the Election Commission to address any requests for rallies with this principle in mind. He stressed that the concerns raised in national and international media regarding unequal treatment needed to be addressed by the Election Commission.
