PESHAWAR: Peshawar High Court on Tuesday sought response of the chief executive officer within four days to a plea against ‘restrictions’ on entry of lawyers to Peshawar Cantonment by law enforcement agencies.

A bench consisting of Justice Sahibzada Asadullah and Justice Aurangzeb issued the order after preliminary hearing of a petition filed by a lawyer Mohammad Rafiq, who requested the court to declare as illegal and unconstitutional ban on his entry and that of other members of legal fraternity of Peshawar to cantonment area.

He sought directives of the court for government to ensure free movement of lawyers throughout the cantonment. He also sought interim relief, requesting the court to suspend the restrictions on lawyers’ movement in the cantonment till final disposal of the petition.

The respondents in the petition are federal defence secretary, Khyber Pakhtunkhwa government through its chief secretary, Peshawar Cantonment chief executive officer and KP Bar Council through its vice-chairman.

Advocate Ameenur Rehman Yousafzai appeared for the petitioner and stated that all the major courts were located in the cantonment including PHC, Supreme Court Peshawar Registry, Judicial Complex, district courts, KP Service Tribunal, anti-terrorism courts, revenue courts, consumer court and rent controller, etc.

He said that personnel of law enforcement agencies deployed inside the cantonment on the checkposts, established at every entry/exit point, had banned entry of lawyers to go through the area, which had badly affected the punctuality of lawyers.

He claimed that in certain courts including that of senior member board of revenue (SMBR) they had not been allowed to enter the road where those courts were situated.

He argued that the state functionaries were duty bound to facilitate lawyers in approaching courts of law to play their part in dispensation of justice.

He said that stopping lawyers from entering cantonment was tantamount to depriving people of their fundamental right of access to justice.

He said that lawyers had always remained law abiding and had never compromised on fundamental rights of the citizens of Pakistan.

Mr Yousafzai pointed out that more than 6,000 lawyers had been registered with PHC Bar Association and they had to attend courts regularly. He stated that after filing of the instant petition, relevant authorities discussed the matter with the office-bearers of PHC Bar Association.

The bench decided that it would also issue notice to PHCBA president Fida Gul and hear him on next date.

It is pertinent to mention that on last Friday a meeting of PHCBA was also held on the issue. In that meeting PHCBA president Fida Gul stated that they held a meeting with relevant officials and asked them to issue cantonment entry pass to lawyers and e-tags for their vehicles.

He stated that due to precarious security situation the cantonment areas had been declared red zone and restrictions were placed on movement of people there.

Published in Dawn, March 19th, 2025