PESHAWAR: Peshawar High Court on Thursday expressed concern over non-implementation of its judgements by several government departments and directed provincial government to nominate senior officers as focal persons in every department for addressing the issue.

A bench consisting of PHC Chief Justice Syed Mohammad Attique Shah and Justice Syed Arshad Ali directed Chief Secretary Shahab Ali Shah to depute officer of BPS-18 or above in departments and report should be submitted on monthly basis about implementation of court judgements.

The bench was hearing around 450 contempt of court petitions filed by aggrieved persons against non-implementation by different government departments the orders of the court delivered in their respective petitions. Majority of the petitions were related to health and education departments.

The PHC chief justice observed that rules were available but still orders of court were not implemented because of which hundreds of contempt petitions were filed against government departments.

PHC directs chief secretary to submit monthly report on the matter

The bench observed that first the orders delivered in petitions were not followed and subsequently when contempt petitions were filed by aggrieved persons, the respective government department and officials were hesitant to file replies.

The bench regretted that mostly such officials were deputed in different cases in the court and they were even not aware about the matter of the petition.

Chief Secretary Shahab Ali Shah and KP Advocate General Shah Faisal Uthmankel appeared along with administrative secretaries of several departments. The bench pointed out to the chief secretary that even orders in contempt petitions were not implemented.

The bench observed that they were aware of the situation that the province was passing through hard times, but they had to summon the chief secretary due to growing number of contempt petitions.

The chief secretary stated that he had constituted a committee comprising secretary of law, officers of advocate general office and others to scrutinise orders of the high court and ensure its implementation so that the aggrieved persons should not be compelled to file contempt plea.

When the PHC chief justice pointed out that the said committee already existed, the chief secretary stated that it had become non-functional and now he activated it. He said that the committee was also tasked to submit monthly report, which would be provided to chief secretary and the registrar of high court.

AG Shah Faisal Uthmankhel also stated that previously 1,300 contempt pleas were pending, but with the efforts of the said committee the number was reduced to around 900.

The bench observed that most of those cases were disposed of by the high court after issuing appropriate orders.

Justice Arshad Ali also pointed out to the chief secretary that in certain cases his officers were concealing facts that resulted into complications. He added that a number of cases pertained to issues of upgradation of posts and when relevant officers made commitments in the court the same had been decided, but still the orders had not been implemented.

The chief secretary stated that they wanted to examine all those cases and those having genuine issues should be resolved.

The bench observed that such officers, who were well-versed with the pending matter, should be deputed in cases.

The AG also stated that they had several times written to the relevant department to assign such officers, who had knowledge of the issue and could provide proper information to the AG office so as to properly pursue a case.

Published in Dawn, March 21st, 2025