PESHAWAR: The Peshawar High Court on Wednesday disposed of the petition of former National Assembly speaker and PTI central leader Asad Qaiser against his detention underthe Maintenance of Public Order Ordinance after the withdrawal of orders for it by Swabi’s deputy commissioner.

Mr Qaiser, whose 30 days detention was ordered on Dec 8 by the DC under Section 3 of the MPO, was later freed from the Mardan Central Prison.

A day ago, a high court bench ordered advocate general Aamir Javed to ask the DC to withdraw those orders to prevent action against him, observing that those orders appeared to be against the law.

Chief Justice Mohammad Ibrahim Khan and Justice Shakeel Ahmad were informed by additional advocate general Danyal Asad Chamkani that Swabi’s DC had conditionally withdrawn the impugned detention order.

PHC disposes of former NA speaker’s plea against detention

He added that in his order, the DC had placed conditions for the accused’s release that he would neither disturb peace nor incite people against government institutions, won’t shout slogans or campaign against state institutions and state functionaries, would abide by the SOPs issued by the home department for elections, and produce two bail bonds to the tune of Rs100,000 each.

Advocates Syed Sikandar Hayat Shah and Mohammad Arshad appeared for petitioner Asad Qaiser and said they had no objections to the conditions placed by the DC for their client’s release.

They added that they were even willing to submit an undertaking in the high court as they believed that no one should give statements against state institutions.

The bench observed keeping political differences apart, no one should speak against the state and its institutions.

The chief justice observed that as Pakistanis, the petitioners should respect the state and its institutions.

He added that everyone had the right of electioneering for the forthcoming general elections but they had to abide by the Constitution and the law.

Mr Qaiser, who has been re-arrested five times, was initially arrested by law-enforcement agencies in Islamabad from his residence in Bani Gala on Nov 3 in connection with a case registered by the ACE at its police station in Swabi.

He was later handed over to the ACE over the case wherein he and some other people were charged with committing irregularities during purchase of equipment for Gajju Khan Medical College, Swabi.

However, as he was granted bail by the special anti-corruption court, he was re-arrested by Charsadda police in a case pertaining to the May 9 violence.

The former NA speaker was later arrested by Mardan police in connection with a violent demonstration on May 9.

As he was granted bail by a magistrate on Dec 9, he was again taken into custody as the impugned detention order was issued by the DC on Dec 8.

The petitioner had said during a hearing into his petition seeking details of the cases and inquiries pending against him, the Peshawar High Court had ordered the government on Dec 7 not to act against him and some other PTI leaders in all cases registered against them until Nov 29.

He, however, said DC Tariqullah, in order to “frustrate” the court’s orders, ordered the detention of Mr Qaiser for 30 days.

Published in Dawn, December 21st, 2023