PESHAWAR: The Peshawar High Court on Tuesday decided it would form a larger bench for hearing around 28 petitions of former provincial ministers and government officials against different provisions of the Khyber Pakhtunkhwa Ehtesab Commission Act and related issues, including their arrests.

The decision came from a bench consisting of Chief Justice Mazhar Alam Miankhel and Justice Mohammad Younas Taheem came on completion of arguments by lawyers for the petitioners and KPEC.

The bench fixed Nov 23 for the next hearing into the petitions.

It also extended interim pre-arrest bail of ANP Senator and former social welfare minister Sitara Ayaz in a case of the alleged misuse of power.

Her arrest warrants were issued by the KPEC director general in the case.

The bench ordered the clubbing of other petitions with the one filed by Sitara Ayaz against KPEC proceedings against her and for pre-arrest bail.

Three of the petitioners, including former provincial minister and MPA Ziaullah Afridi, then director general of mines and mineral development department Dr Liaquat Ali and provincial secretary industries Sajid Jadoon, are behind bars, while the others are free on interim bail granted by the court.

Noted among other petitioners are former provincial minister and PPP leader Liaquat Shabab; district coordination officer of Kohat Noor Daraz Khattak, who is father of PTI MPA Gul Sahab Khan; additional finance secretary Imtiaz Ayub; chief child protection officer Dr Murad; housing officer of Kohat Development Authority Attaullah Jan, and Iqra National University owner Obaidur Rehman.

These petitioners were arrested by the KPEC on PHC larger bench to hear petitions against Ehtesab Commission misuse of authority and corrupt practices.

Several lawyers appeared for different petitioners including Shumail Ahmad Butt, Lateef Afridi, Barrister Mudassir Ameer, Ameenur Rehman, Qazi Jawad Ahsanullah, Aamir Jawed, Syed Arshad Ali, Sardar Ali Raza, Fida Gul and Ayaz Khan.

The KPEC was represented by prosecutor general Yahya Zahid Gillani, deputy prosecutor general Zahid Amman and additional deputy prosecutors Qazi Babar Irshad and Lajbar Khan.

Khyber Pakhtunkhwa advocate general Abdul Lateef Yousafzai also appeared on the court’s notice and said important constitutional points were involved in the petitions and that he would assist the court on them.

The bench praised Yousafzai observing in the past, he had extended valuable assistance to the court on important matters.

The lawyer for petitioners said initially, some petitioners had challenged the KPEC Act claiming that it was in conflict with some other laws, including the National Accountability Ordinance 1999.

They said several petitioners were given interim bail on the ground that they were sent to the judicial lock-up by the ehtesab judge but there was no provision of judicial custody in the law.

The lawyers also said lawmakers had forgotten to mention that the Code of Criminal Procedure would be applied to the cases to be handled under the KPEC Act and therefore, the provincial government later amended the law to apply CrPC to the KPEC proceedings.

They also challenged the appointment of the KPEC director general saying the KPEC formation was notified by the provincial government on Sept 14, 2015, while the KPEC chief was appointed in 2014 and therefore, the appointment was illegal as the commission was non-existent at that time.

The lawyers said all orders issued by the KPEC chief were illegal as the commission was non-existent when they’re issued.

Shumail Butt said the impugned KPEC Act was in violation to different provisions of the Constitution, including Article 10-A, which guaranteed fair trial to suspects.

He also said when a federal law was there and a provincial body i.e. the anti-corruption establishment was existed in the province, there was no need for making the KPEC law.

Published in Dawn, November 11th, 2015