PESHAWAR: The Peshawar High Court on Wednesday directed the Khyber Pakhtunkhwa government to respond to a petition seeking the quashing of a case registered by anti-corruption establishment against seven former lawmakers of the Pakistan Tehreek-i-Insaf over alleged irregularities in government recruitment and schemes.

It was also stopped by a bench comprising Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah from acting against PTI leaders, including former deputy speaker of the provincial assembly Mahmood Jan, former ministers Taimoor Saleem Jhagra, Kamran Bangash and Ishtiaq Urmer, and former MPAs Pir Fida, Fazal Ilahi and Asif Khan, until further orders.

The bench was hearing a petition filed by Mahmood Jan requesting the court to declare the registration of an FIR by the ACE on July 4, 2023, illegal and unconstitutional.

The petitioner also sought interim relief requesting the court to stop the government and law-enforcement agencies, including police, from taking any “adverse action” against him until the final disposal of their plea.

PHC stops police from acting against them

The bench fixed Jan 10 for next hearing observing that it will examine the legal point raised by the petitioner that the suspects were not public servants in the terms of the law, so the Prevention of Corruption Act can’t be invoked against them.

The seven former lawmakers earlier got pre-arrest bail in the case from the anti-corruption special judge. Proceedings for the bail’s confirmation are pending with the court.

Lawyer Shakeel Khan Gillani appeared for the petitioner and pointed out that the FIR named his client and six other lawmakers and not any government official.

He argued that the government inquiry recommended that the officials involved in “irregularities” be charged in the FIR, but that didn’t happen.

The lawyer said the petitioner and other suspects were booked under Section 409 of the Pakistan Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947, to pressure them into quitting the PTI.

He said the FIR violated several provisions of the Prevention of Corruption Act and the ACE Rules.

Mr Gillani contended that the provisions of Section 5(2) of the PCA pertained to punishment for criminal misconduct and were applicable to government servants.

He added that the petitioner and other former lawmakers were not public servants as defined by Section 21 of the Pakistan Penal Code.

When the bench wondered how the FIR could be quashed for the accused apart from the petitioner when they didn’t challenge it, the counsel contended that the legal point applied to all accused in the case.

Additional advocate general Danyal Asad Chamkani contended that certain amendments were made to the law in 2021 after which even anyone could be booked for corruption.

Meanwhile, a bench consisting of Justice Ijaz Anwar and Justice Syed M Attique Shah suspended the orders issued by Hangu’s deputy commissioner under the Maintenance of Public Order Ordinance for detaining PTI district president Yousaf Khan for 30 days.

It directed the government not to act against the petitioner under detention orders.

The petitioner’s counsel, Syed Sikandar Hayat Shah, contended that his client had submitted an application to the DC for permission to hold a workers’ convention, but the latter, acting on his request, ordered his detention under Section 3 of the MPO Ordinance.

He said as there was no threat to public order from the petitioner, orders for his detention should be set aside.

Published in Dawn, December 14th, 2023