PESHAWAR: The Peshawar High Court on Tuesday ordered the release of Pakistan Tehreek-i-Insaf leader Irfan Saleem, who was held despite its orders, and summoned the provincial chief secretary and inspector general of police (IGP) to assure it that its orders won’t be violated in future.

A bench consisting of Chief Justice Mohammad Ibrahim Khan and Justice Wiqar Ahmad fixed Oct 10 for next hearing into the matter declaring that it needed assurances from the chief secretary and IGP that violation of its orders won’t be repeated.

“If the court’s orders have not been complied with, then we have no justification to occupy our offices,” observed the chief justice.

The court warned that it won’t allow the violation of any court orders in future.

While reprimanding Peshawar’s deputy commissioner, who ordered the detention of Irfan Saleem under Section 3 of the Maintenance of Public Order Ordinance on Sept 28, the chief justice observed that the court could take action against him but knew that he had been acting at someone else’s behest.

Summons chief secy, IGP over violation of its directions in the case

The bench observed that those deputy commissioners were young officers who had not been acting independently while passing such orders.

The chief justice had begun hearing on Monday into a habeas corpus petition filed by Irfan’s brother Rashid Saleem, who had challenged his brother’s detention.

The petitioner had said that the high court issued an order on Sept 25 to the government not to arrest him until Oct 10, the date that was fixed for hearing an earlier petition of Irfan against another detention orders issued under the MPO.

The chief justice later summoned the deputy commissioner and ordered the production of the detainee on Tuesday.

He observed that he had ordered in August that once a detainee was released on bail, he should not be arrested in any criminal case without the approval of the relevant court.

The bench observed that another order was issued by a bench on Sept 25 in relation to the present detainee but despite the two orders in the field, he had been arrested under the MPO.

Ali Zaman, Shah Faisal Uthmankhel and other lawyers defended the detainee, while advocate general Aamir Javed appeared for the government.

Peshawar DC Afaq Wazir appeared before the court in person.

When the bench asked the AG whether the deputy commissioner read the court’s orders, he replied in affirmative. It wondered why the detainee was held despite the court’s clear orders against it, wondering whether the DC and the police had become so powerful that they’re openly flouting its orders.

The DC insisted that he was not aware of the court’s orders.

He said that he had issued fresh detention orders for the PTI leader after receiving a report from the senior superintendent of police (operations) that Irfan Saleem was a threat to public peace and tranquility.

The bench observed that its earlier orders were also sent to all district judges and police officials but even then, the DC had issued the impugned detention orders.

RESTRAINING ORDERS: Another high court bench ordered the provincial government and law-enforcement agencies not to arrest seven former PTI lawmakers, who are currently in hiding, until Oct 10.

Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah directed the government to submit its reply and provide details until tomorrow (Thursday) of the cases and inquiries pending against those seven people, including former MNAs Arbab Aamir Ayub and Arbab Sher Ali Khan, two former provincial ministers Taimur Saleem Khan Jhagra and Kamran Khan Bangash, former deputy speaker of the Khyber Pakhtunkhwa Assembly Mahmood Jan Khan, and two former MPAs Asif Khan and Haji Fazal Ilahi.

The petition was filed by former president of the Peshawar Bar Association Ali Zaman on behalf of those former lawmakers to seek the court’s orders for the government and law-enforcement agencies to desist from “illegal and unlawful” raids on their houses and offices as well as those of their immediate and extended family members in connection with the May 9 protests, insisting such actions were unwarranted.

Advocate Ali Gohar Durrani appeared for the PTI leaders and said his clients were willing to surrender to the relevant courts but they feared their arrest ahead of their appearance in the courts.

He said that the government had not been providing his clients with details of the cases registered against them.

The lawyer contended that from May 9 onwards, it had become apparent that the false and frivolous charges were repeatedly brought against political workers affiliated with the PTI and that scores of FIRs were registered against people accusing them of committing wrongdoings.

Published in Dawn, October 4th, 2023