PESHAWAR, Feb 16: The Peshawar High Court on Thursday allowed time to provincial minister for social welfare and women development, Ms Sitara Ayaz, for rapprochement with a female social welfare officer who has been seeking registration of an FIR against the minister and two police officials for keeping her in illegal confinement by registering a fabricated case against her.
A two-member bench comprising Chief Justice Dost Mohammad Khan and Justice Azmatullah Malik observed that the best way to resolve the issue was that the minister should extend a gesture of goodwill to the officer, Ms Tahira Naveed, otherwise a lot of dust would be raised.The minister has filed a writ petition before the high court requesting for quashing an order of the subordinate court whereby an application of Ms Naveed was accepted and orders were issued for registration of an FIR against the minister and two police officials on Dec 19, 2011.
The court of additional district and sessions judge had directed the Khyber Pakhtunkhwa inspector general of police, the capital city police chief and the SSP (investigation) Peshawar to register the FIR against Ms Ayaz, then SHO of East Cantt police station Shaukat Ali and the investigation officer Ashiq Mir Khan.
Advocate Arshid Ali appeared for the petitioner (minister) and stated that the female officer was charged with sending indecent messages to the minister through SMS following which she was arrested.
Ms Naveed informed the bench that her only crime was that she had disobeyed the illegal orders of the minister and did not become a party to her corruption. She stated that she had been victimized only for the reason that she followed the relevant rules when she was posted as superintendent of the welfare home and also having charge of additional coordinator of IDPs.
The bench observed that both the minister and the officer were women, and it would be appropriate that they should settle the issue outside the court. The bench advised the petitioner's counsel to guide his client for withdrawing departmental actions against Ms Naveed.
Advocate Enayatullah Khan appeared for Ms Naveed and contended that in the instant case the provision of Anti-Terrorism Act was blatantly misused and the officer was charged under it. However, he added that ATC deleted that provision from her case.
In a lighter vein the chief justice observed that SMS should not become an issue as he also used to receive SMSs, but delete it forthwith. Ms Naveed stated how she could forgive the minister as she had spent three days behind the bars without committing any crime. She asked whether the minister would agree to spend a few hours in the prison.
Ms Naveed was earlier arrested in a case of sending anonymous threatening messages to the minister. The complainant had filed an application before the trial court under section 249-A of the CrPC which empowers it to acquit an accused during any stage of the trial when apparently the evidence on record was not enough for his or her conviction. The trial court had accepted that application and acquitted Ms Naveed.
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