PESHAWAR, Sept 5: The Peshawar High Court on Wednesday vacated a stay order granted to a leading private security company, Wackenhut Pakistan, against revocation of its licence by the provincial government.

A bench comprising Justice Waqar Ahmad Seth and Justice Shahjehan Khan Akhundzada ordered to vacate the stay order as the counsel for the company failed to turn up and instead filed an application seeking adjournment into the hearing of a writ petition filed by the company.

The bench observed that during previous hearing a few weeks ago, the lawyer was not in attendance and another bench of the court headed by Chief Justice Dost Mohammad Khan had ordered that if he remained absent in the next hearing, the stay order would stand revoked.

The company has filed the writ petition a few months ago challenging an order of the provincial home department to revoke its licence under the Private Security Companies Ordinance, 2002, and the relevant rules framed under the law.

Additional advocate general Naveed Akhtar appeared for the provincial government and said the previous order of the high court was clear. He said after the issuance of the stay order by the court, the petitioner had not been appearing and thus, trying to delay action on the issue.

The AAG had claimed that the company was also having two foreign directors. He said under the law, the permissible number of security guards was 20 to 400, while the said company had employed around 1,400 guards.

The AAG said the licence of the company was renewed from time to time after payment of renewal fee. He added that the government had sought several details from the company for further renewing its licence but the company was shy of providing vital information regarding its functioning and instead stated that it would only pay the renewal fee. He added that in the precarious security situation in the province the government had to keep vigilant eye on functioning of all such companies.Mr Naveed argued that the government had revoked licences of 27 security companies on the same grounds. Furthermore, he added that the petitioner had the right to file an appeal before the home secretary, but it did not file the same and instead approached the high court.

The petitioner has stated that the action of provincial government was illegal and unlawful. It is added that under the Private Security Companies Ordinance-2002, the government should first issue show-cause notice to the company and take decision after receiving after receiving their replies.

However, it is pointed out that the company was condemned unheard as the government did not issue any show-cause notice or follow the rules and thus its notification should be declared void.