PESHAWAR: Peshawar High Court on Thursday summoned the provincial chief secretary, home secretary, and Peshawar’s capital city police officer for responding to a petition against the “tear gas shelling and firing” at the peaceful gathering of people by law-enforcement agencies in Khyber tribal district a day ago.

A bench consisting of Justice Shakeel Ahmad and Justice Syed Arshad Ali fixed the hearing into the case for today (Friday), directing those three officers to appear before it for update on the law and order situation in the area.

Advocate general Shah Faisal Uthmankhel appeared for the provincial government and supported the stand of the petitioner on the incident.

The bench also issued a notice to the deputy attorney general for appearance on behalf of the federal government.

Asks them about current law and order situation in area

The petition was filed by a resident of Khyber tribal district, Zahidullah, seeking orders for the respondents, including the interior secretary, KP chief secretary, home secretary, and IGP to provide information about cases registered against the petitioner and other people in the area after the incident.

He also requested the court to stop the respondents from carrying unrestricted actions in terms of tear gassing and firing at peaceful sit-ins at the cost of disturbing peace in the surroundings and suburbs of Khyber district.

The petitioner annexed a letter of the interior ministry of Oct 1, 2024, sent to the chief secretary, declaring that the Pashtun Tahaffuz Movement (PTM) as an organisation had been found involved in patronising and assisting incitement of hatred and contempt against the state and its institutions, while exploiting sectarian and ethnic sentiments and also use of literature, print and electronic and other materials for the purpose.

The ministry added that activities of the PTM required strict regulation and intervention.

Following issuance of the letter, the local police twice raided the organizing camp set up by the PTM in Jamrud tehsil for its Oct 11 scheduled grand Jirga titled as ‘Awami Adalat’, and allegedly resorted to tear gas shelling and firing at those present there.

Advocate Ali Azim Afridi appeared for the petitioner and stated that pursuant to the letter of Oct 1 issued by the federal government addressed to the KP chief secretary, the law-enforcement agencies had created the worst law and order situation in the area.

He alleged that LEAs had not only disturbed the public peace and tranquility in the area (Jamrud Tehsil), but also resorted to firing on people without any legal justification due to which their life, liberty and property were at jeopardy at the hands of LEAs.

The lawyer contended that the action by LEAs had also created a sense of insecurity in the mind of the people of the locality.

Mr Afridi argued that the right to remain in and enter and move freely across the country and the right to life, association and peaceful sit-ins were fundamentally guaranteed rights and these couldn’t be disturbed through unlawful means.

Meanwhile, a Khyber resident, Khatirullah, on Thursday filed a petition in the high court, saying the Pashtun Tahaffuz Movement is trying to create discord in the country along ethnic lines and is going to set up a parallel judicial system.

The petition, filed through advocate Danial Khan Chamkani, insisted that PTM chief Manzoor Pashteen participated in a ceremony organised on Sept 29, 2024, in Jamrud tehsil for establishing the Pashtun National Courts.

It added that the impugned PNC was scheduled to begin operation on Oct 11.

The petitioner requested the court to declare illegal the PTM established PNCs in Khyber district as well as its camp courts in South Waziristan.

He also sought orders for the respondents, including the federal and Khyber Pakhtunkhwa governments, to check the illegal practice.

The petitioner also sought interim relief requesting the court to stop the functioning of the PNC until the court gave the final decision on the petition.

Published in Dawn, October 4th, 2024