PESHAWAR: The Peshawar High Court on Tuesday directed the police not to arrest five former lawmakers and a mayor of the Pakistan Tehreek-i-Insaf until Dec 14 (Thursday) and sought the caretaker government’s response to their pleas for details of cases registered against them in the province.
A bench consisting of Chief Justice Mohammad Ibrahim Khan and Justice Ishtiaq Ibrahim issued orders on petitions filed by former MNAs Saleemur Rehman and Sahibzada Sibghatullah, former MPAs Mian Sharafat, Taj Mohammad Tarand and Fazal Hakeem, and mayor of Swat’s Babuzai tehsil counsel Shahid Ali Khan.
The counsel for petitioners contended that they had moved the relevant courts from time to time for getting bail in cases pending against them but still law-enforcement agencies, including police, had been raiding their residences and harassing them.
They requested the court to restrain authorities, including police, from arresting them until the disposal of their petitions.
Pleas for details of cases against them to be heard on 14th
The bench directed the fixing of those cases with petitions of other PTI leaders, including imprisoned former National Assembly speaker Asad Qaiser, former MNAs Anwar Taj, Fazal Mohammad Khan and Mujahid Khan, former provincial minister Fazal Shakoor Khan, and several others.
It also held a hearing into the petitions of Asad Qaiser and some other leaders seeking details of cases and inquiries pending against them.
Advocate general Aamir Javed didn’t turn up as he was busy with a case in the Supreme Court. The cases were adjourned until Dec 14 (Thursday) for arguments.
Several lawyers appeared for the PTI leaders, including Syed Sikandar Hayat Shah, Alam Khan Adenzai, Shah Faisal Uthmankhel, Inam Yousafzai, Ali Zaman and others.
Additional advocates general Danyal Asad Chamkani and Jalaluddin Akber Gara appeared for the provincial government whereas additional deputy prosecutor general Mohammad Ali appeared for National Accountability Bureau (NAB).
Advocate Shabbir Hussain Gigyani and Barrister Amir Khan Chamkani, who were appointed amicus curiae by the court, also attended the hearing.
The amicus curiae were appointed during the previous hearing on Dec 7 by the bench for assisting the court on some legal points attached to the issue a re-arresting of the PTI leaders after getting bail in different cases.
The bench had raised a legal point whether an accused charged in multiple cases was arrested then his arrest would be in a particular case or in all the cases.
The bench also questioned whether an accused in multiple cases could be re-arrested multiple times one after another.
The petitioners sought the court’s orders for the provincial government and law-enforcement agencies, including police, anti-corruption establishment, NAB and Federal Investigation Agency, to provide details of the cases and inquiries pending against them.
Also, the bench directed the government to respond to the plea of an imprisoned former MNA and PTI deputy secretary general, Junaid Akbar, for the quashing of an FIR registered against him at the Booni police station of Upper Chitral district on Nov 27.
The petitioner said he was arrested and re-arrested in different cases and was recently booked in the case registered in Upper Chitral district.
His counsel contended that the petitioner was named in multiple cases and when he was granted bail by the relevant courts, he had yet again arrested in the case that was concocted and based on political victimisation.
WORKERS’ CONVENTION: A high court bench consisting of Justice Syed M Attique Shah and Justice Sahibzada Asadullah directed Hangu’s administration to decide in three days a PTI application for permission to hold a workers convention in the district.
Advocate Syed Sikandar Hayat appeared for the petitioner and PTI Hangu president, Yousaf Khan, contended that the administration wasn’t allowing the holding of the party workers’ convention, while the decision on a recent application was pending.
He said the latest application for the convention was submitted to the administration on Dec 1 but the police began raiding his client’s residence to arrest him.
The lawyer added that the Jamiat Ulema-i-Islam-Fazl held a public meeting in Hangu last month.
Published in Dawn, December 13th, 2023
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