PESHAWAR: The Peshawar High Court on Tuesday directed the federal and Khyber Pakhtunkhwa governments to produce updated progress reports about their steps to address the “worsening” security situation in the province, especially in the southern region.

A bench consisting of Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad fixed Nov 14 for the next hearing into a petition filed by the KP Bar Council for orders to the federal and provincial governments to provide foolproof security to all bar associations and judicial systems in the province, especially in the southern districts.

The petitioner called for steps to ensure smooth administration of and easy access to justice, and protection of people’s interests.

KPBC vice-chairman Sadiq Ali Mohmand appeared for the petitioner, whereas KP additional chief secretary (home) Mohammad Abid Majeed also turned up besides KP advocate general Shah Faisal Uthmankhel, additional attorney general Sanaullah Khan and police DIG (legal) Akhter Abbas.

KPBC demands heightened security for bars, courts

Mr Mohmand stated that the law and order situation in the province, especially its southern region, was deteriorating, causing the judicial system to paralyse.

He said that the lives of the lower court judges and lawyers were under threat, so the courts in Waziristan, Tank, Kulachi, Daraban, and other areas had been shifted to the Dera Ismail Khan district.

Mr Abid Majeed informed the bench that in accordance with its earlier order he had taken up the matter with the federal government.

He stated that two meetings had been convened at the level of joint secretaries and deputy secretaries wherein matters related to formulation of new SOPs were discussed regarding security of VIPs and sensitive establishments so as to ensure proper security for judges and bar rooms.

AG Shah Faisal Uthmankhel stated that he had field comments wherein replies had been given to questions formulated by the court relating to security of court complexes, judges’ residences, the judges’ commuting, and measures in high risk areas, court security units and accountability mechanisms.

AAG Sanaullah also informed that two meetings were held between provincial and federal officers. He said that he had submitted minutes of the said meetings.

The bench observed that the said minutes had not been placed on the file so far.

The AAG said in those meetings that judicial officers and representatives of the bar council should also be made part of the committees constituted for security of sensitive establishments.

AG Uthmankhel stated that the sacrifices rendered by the police force in this province were unmatched.

During the hearing, the chief justice observed that courts were closed down in two southern districts due to poor law and order situation.

He added that the lives of police personnel were also important.

The chief justice observed that it was need of the hour that all stakeholders, including federal and KP governments, should evolve a joint strategy to tackle the issue.

The bench also asked the AAG that steps should also be taken by the federal government for provision of the required safety equipment to the KP government.

“Unless the federal and KP governments are on the same page, the security situation can’t improve,” he justice observed.

Meanwhile, comments on the petition were also filed with the court on behalf of the KP inspector general of police.

The IGP insisted that the KP police faced the brunt of war on terrorism and were once again on the frontline to deal with menace of terrorism, especially in southern and newly-merged tribal districts.

“To restore peace and law and order in the province, the KP police have so far sacrificed more than 2000 of its personnel in the line of duty. A total of 1,571 personnel have been deployed as gunners with judges in the province; five personnel have been deputed at the residence of the high court chief justice, and an assistant sub-inspector and eight constables are deputed during his travelling,” he said.

The IGP also said that five personnel had been deputed at the residence of the district and sessions judges, whereas one constable accompanied them during travelling.

He added that the security of court premises and residences of judges of senior judiciary was the mandate of the security division established at Central Police Office as per a standing order issued this year.

“The operational command of the force should rest with the concerned district head including district police officer, capital city police officer and regional police officer,” he said.

About the DI Khan region, the police chief said in the comments that on the direction of the high court, the judicial complexes in Daraban and Kulachi tehsils had been shifted to DI Khan headquarters at Waqar Ahmad Seth Judicial Complex, while the security of judicial officers, courts, residences and district bar had been enhanced.

He added that the courts in Tank district had been closed down, while no judges lived there.

Published in Dawn, November 6th, 2024