PESHAWAR: The Peshawar High Court on Friday directed the interior ministry, Khyber Pakhtunkhwa chief secretary and other officials to file written replies to a petition against the “tear gas shelling and firing” by law-enforcement agencieson a peaceful gathering of people in Khyber tribal district.

Chief secretary Nadeem Aslam Chaudhry told a bench consisting of Justice Syed Arshad Ali and Justice Wiqar Ahmad that participants of that gathering had not received any permission from the government for holding a jirga there.

Additional chief secretary (home) Mohammad Abid Majeed and Peshawar Capital City Police Officer Qasim Ali Khan also showed up and insisted that the place where the police action took place was in the provincial capital and not Khyber district.

A day ago, the high court summoned the chief secretary, ACS (home) and CCPO to appear before it and respond to the petition filed by a Khyber resident, Zahidullah.

Chief secretary insists permission wasn’t sought to hold jirga

The petitioner sought the court’s orders for the respondents, including the federal 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 out “unrestricted actions in terms of tear gas shelling and firing at peaceful sit-ins at the cost of disturbing peace” in the surroundings and suburbs of Khyber district.

Advocate Ali Azim Afridi appeared for the petitioner and argued that the action was taken in light of an interior ministry letter to the provincial chief secretary on Oct 1.

The petitioner also annexed a copy of the said letter of the interior ministry, declaring that thePashtun Tahaffuz Movement (PTM) as an organisation was involved in patronising and assisting incitement of hatred and contempt against the state and its institutions and its activities required strict regulation and intervention.

Following the issuance of the letter, the local police twiceraided the organising camp set up by the PTM in Jamrud tehsil for its Oct 11 grand jirga Awami Adalat, and allegedly resorted to tear gas shelling and firing at those present there.

When the bench began the hearing, it asked the chief secretary whether he knew why he was summoned.

He replied that the petitioner insisted that the federal government had issued the letter which had created a law and order situation in the area.

When Justice Arshad asked whether the police action caused a law and order situation, the chief secretary responded that there were some security problems in the area which were being examined.

He added that for staging any protest or public meeting, a prior permission was required but the jirga organisers didn’t obtain any permission.

When the bench inquired about any permission given by the provincial government for the police action, he said that the police didn’t require any permission for taking action when any illegal act was taking place.

The bench observed that the petitioner claimed that they wanted to hold a meeting, but police had resorted to tear gas shelling creating problems for the people.

The KP advocate general Shah Faisal Uthmankhel informed the bench that the provincial government had not permitted the law enforcing agencies to tear gas a peaceful Jirga.

He claimed that a day earlier he had contacted the chief minister who informed that he had given verbal orders not to take any action against the Jirga.

The bench observed that there was no legal status of verbal orders.

ACS (home) Abid Majeed informed the bench that he had confirmed it from the CCPO that no action was taken in Khyber district and the area where those people had gathered and action was taken was in Peshawar.

He also referred to another sit-in in Khyber district and said that due to the protest, the Torkham Highway had been blocked for the last 38 days, causing suspension of trade.

Mr Majeed said that those protesters had been demanding their return to their respective area in Tirah, which was presently not possible as an active military operation had been in progress. He said that as a civil administrative officer he won’t put the lives of people in danger.

The CCPO also claimed that the action was taken by police in Regi Model Town, Peshawar and not Khyber district.

Advocate Ali Azim disputed their claims and said the peaceful gathering was in progress in Jamrud tehsil of Khyber tribal district and the letter of the interior ministry would result in a serious law and order situation there.

Meanwhile, the bench also sought replies from the respondents, including the provincial government, to a petition, which claimed that the PTM had set up the Pashtun National Court (PNC), which would start functioning on Oct 11.

The petition was filed by Khyber resident Khatirullah, who insisted that the PTM was going to set up a parallel judicial system in the region.

Advocate Danyal Khan Chamkani appeared for the petitioner and requested the court to declare the PTM’s PNC in Khyber district and camp courts in South Waziristan illegal.

Published in Dawn, October 5th, 2024