PESHAWAR: The legal team of Khyber Pakhtunkhwa Chief Minister Ali Amin Khan Gandapur is set to file a contempt petition in Peshawar High Court today (Monday) against his alleged detention in Islamabad despite granting him protective bail by the court.

“We have drafted the contempt petition against federal interior and defence ministers, IGPs of Islamabad and Punjab and other relevant officials and will submit it on Monday,” said Alam Khan Adenzai, the lead counsel of the chief minister.

He said that the high court was likely to take up for hearing the petition the same day as the chief minister had illegally been detained, which was an issue of public importance.

Mr Adenzai, who is also PHC Bar Association general secretary, told journalists that they also contacted some officials so that the court could be opened on Sunday for submission of the petition and its hearing, but couldn’t succeed in that move.

Interior, defence ministers, others to be made party

The respondents in the contempt petition, a draft of which is available with Dawn, will include Interior Minister Mohsin Naqvi, Federal Defence Minister Khawaja Mohammad Asif, Islamabad IGP Syed Ali Nasir Ali, Punjab IGP Usman Anwar, the director general of Pakistan Rangers Punjab, Atif Bin Akram, FIA Director General Ahmad Ishaque Jahangir and Federal Interior Secretary Aftab Akbar Durrani.

The petition will be filed under Article 204 of the Constitution and other relevant provisions of law dealing with contempt of court.

Mr Adenzai said that they would request the court to issue show cause notices to respondents and punish them at the conclusion of their trial.

He added that they would seek interim relief and request the court to issue orders for setting free Mr Gandapur forthwith.

A bench of the high court comprising Justice Syed Arshad Ali and Justice Wiqar Ahmad had granted protective bail to Mr Gandapur on Oct 4 till Nov 5 and had directed all the law enforcement agencies not to arrest him in any of the cases registered against him.

The bench in its order had ruled: “The assertions of the petitioner seem genuine and since the petitioner has surrendered before this court and is also ready to approach the appropriate forum for redressal of his grievance, therefore, this petition is partly allowed and it is directed that the petitioner shall not be arrested by any law enforcing agency of the federation or of any province in any case which is registered against the petitioner till date against the surety bonds which the petitioner has already executed pursuant to the order of this court dated 05.09.2024 in WP NO 4432-P/2024 (earlier petition of Mr Gandapur).

The petitioner is directed to appear the appropriate forum before 05.11.2024, where after this order shall lose its efficacy.“

Mr Gandapur had filed the petition, requesting the court to restrain law enforcement agencies from arresting him in the cases, which were neither known to him nor had the petitioner never been informed about the said criminal cases registered against him.

An identical petition was filed by the chief minister earlier over which the high court had issued an order on Sep 5 granting him protective bail till Oct 5.

However, his counsel had informed the court that due to certain reasons beyond his control, the petitioner couldn’t approach the appropriate forum for the required remedy, therefore, requested that a similar order like the previous one be passed in his favour.

The lawyer of the chief minister alleged that Mr Gandapur had gone to Khyber Pakhtunkhwa House, which was besieged by personnel of police and Pakistan Rangers. He alleged that those personnel illegally entered KP House and took the chief minister into custody, after which he went missing.

He said that the chief minister had been kept incommunicado and his family members and leaders of the party tried to contact him, but in vain.

Published in Dawn, October 7th, 2024