PESHAWAR: The Peshawar High Court here on Thursday declared as illegal the detention of Pakistan Tehreek-i-Insaf (PTI) former MNA Sahibzada Sibghatullah under the Maintenance of Public Order Ordinance and ordered his released.

A bench consisting of Justice Syed Arshad Ali and Justice Dr Khursheed Iqbal accepted a petition filed by Sahibzada Sibghatullah, belonging to Dir Upper, however, he was directed to submit a personal bond of Rs200,000 to the deputy commissioner concerned for keeping good behaviour.

The bench ruled that nothing was available on record which may connect the petitioner in respect of allegations levelled against him.

The petitioner was arrested on Aug 6 after the Dir Upper’s deputy commissioner had issued his detention order under section three of the MPO claiming that he was involved in spreading hatred against government, defaming law enforcement agencies and provoking public against the government.

Ex-MNA Sibghatullah asked to submit Rs200,000 personal bond

The DC claimed that the acts of the petitioner were aimed at inciting violence and promoting anti-state sentiments and thus his activities were threat to the peaceful atmosphere of the district.

The DC had ordered to keep him behind the bars for 30 days.

Advocate Alam Khan Adenzai appeared for the petitioner and stated that he had been in detention in Swat prison as he had protested against the conviction and arrest of former prime minister Imran Khan.

He argued that the petitioner had addressed a public meeting in his native town and on the basis of that address he had detained under the MPO. He added that merely on basis of a speech a person could not be detained this was in violation of different provisions of the Constitution.

The bench also wondered how the MPO could be invoked on an act of addressing general public.

BAIL GRANTED: The bench granted interim pre-arrest bail to former MPA and provincial vice president of PTI Zahir Shah Toru till Aug 31 and directed the provincial government to provide details about the cases pending against him.

The bench also directed that till next date Mr Toru should not be arrested.

Mr Toru, a former lawmaker from Mardan, has filed a petition seeking directives of the court for the government to provide details about the cases and inquiries pending against him.

Advocates shah Faisal Uthmankhel and Arshid Azam appeared for the petitioner and stated that the petitioner had been named in several cases by the police after the May 9 and 10 protests in the province so as to victimise him on political grounds.

They stated that the law enforcing agencies had made it routine practice to implicate leaders of PTI in multiple cases so as to keep them behind the bars.

They said that the petitioner had requested the government to provide him details about the cases registered against him so that he could approach the relevant courts, but so far he had not been provided the said information.

Published in Dawn, August 25th, 2023