PESHAWAR, Aug 1: The Peshawar High Court on Monday restrained the Commissionerate of Afghan Refugees (CAR) and local police from taking any adverse action against a Canadian non-governmental organization till next order. The NGO, Human Concern International, which is a relief agency meant for Afghan refugees, was issued a notice by the CAR directing them to vacate a vast piece of land in Nowshera which is owned by an Additional Inspector General (AIG) of Police, Khursheed Alam Khan.

The NGO has filed a civil revision petition challenging an order of the Nowshera additional district and sessions judge whereby the court had declined to grant interim relief to the petitioner.

A single bench of the high court comprising Justice Saleem Khan issued notices to the respondents, including the Commissioner Afghan Refugees, district administrator, CAR, additional commissioner (logistics), Khursheed Alam, SHO of Akora Khattak police station and in-charge of the security, Akora Khattak refugee camp.

Advocate Habib Qureshi appeared for the petitioner and contended that the notice issued to the petitioner was in violation of the established policy. He pointed out that the organization had been carrying out its activities since 1983 and had established a huge infrastructure by the name of Hope Village Complex on the said land.

The petitioner claimed that according to the policy of the government a land allotted for a project related to Afghan refugees would be handed over to the owner along with the infrastructure free of cost in three cases; when the project is abandoned by the organization; when the organization got de-registered; or, the refugees return back.

It added that in the present case none of the three conditions were fulfilled, but due to the influence of Mr Khursheed Alam, as he is a high-ranking police officer, the impugned notice was issued to the petitioner.

The petitioner stated that they were handed over the land in 1983 following which they constructed various buildings on the site. It is added that on Jan 15, 2000, an agreement was signed between the NGO and Mr Khursheed Alam which was counter-signed by additional commissioner (Logistics) CAR. In that agreement the NGO had agreed that if the said three conditions were fulfilled then the land would be handed over to the owner.

The petitioner claimed that the said land was handed over to them by the government, but later on Mr Khursheed and some other people claimed their ownership over the said land.

On Nov 23, 2004, a notice was issued to the petitioner by the CAR for vacating the land. The petitioner approached the civil court which granted interim relief to them on Nov 27. The same day the said notice was withdrawn by the CAR.

On May 18, 2005, another notice was issued to the NGO which was also challenged before the civil court. An application was also filed for staying operation of the impugned notification.

The civil court did not issue any order on the application for interim relief due to which the petitioner filed an appeal before the additional district and sessions judge. The judge dismissed the plea on July 22 on the ground that the issue had already been pending before the subordinate court.

The petitioner claimed that the local police raided their premises on July 23 for vacating the land, but the employees resisted.

Aggrieved with the order of the additional district and sessions judge, the petitioner filed the civil revision petition before the high court.