PESHAWAR: Khyber Pakhtunkhwa Bar Council (KPBC) has moved Peshawar High Court against ‘worsening’ security situation in the province, especially in its southern region, affecting the judicial system.

KPBC filed a petition through its secretary, seeking directives of the court for federal and provincial governments to provide foolproof security to all the bar associations and judicial systems in the province, especially in the south zone, for smooth administration and easy access to justice and taking measures to safeguard interest of every citizen.

The petitioner also prayed the court to declare the inaction of respondents including federal and provincial governments of taking measures for resolving the issues with respect to safe administration of justice and safeguarding the fundamental rights of individuals as unconstitutional.

The petition was filed by Advocate Sadiq Ali Mohmand on behalf of the petitioner.

Petitioner seeks security for bar associations, judicial system

It stated that the law and order situation in the province, especially its southern region, was deteriorating, resultantly the judicial system was paralysed.

The petitioner said that the judges of subordinate judiciary and lawyers were under life threat due to which courts in different areas including Waziristan, Tank, Kulachi and Daraban etc had been shifted to Dera Ismail Khan district.

It stated that lawyers and litigants were facing severe threats in those areas, which amounted to denial to access to justice.

The petitioner claimed that the local administration including police authorities and other allied law enforcement agencies had willfully been abstaining from providing security to the judicial system including relevant bar associations and the judges of subordinate hierarchy.

He said that many reported incidents of violence spoke volumes about the recklessness and lack of interest on the part of respondents to support and strengthen the judicial system in the said areas.

The petitioner stated that on Oct 12, a general body meeting of the bar council was held wherein it was observed and resolved that provincial government and law enforcement agencies had failed to cope with the worsening law and order situation in the south zone of the province.

The very next day, the petitioner said, a sad and shocking incident took place in Kurram tribal district in which many people were killed because of the non-serious attitude of the government as it failed to resolve a dispute between two warring groups there.

He said that through a press release on Oct 14, KPBC expressed concern over the situation and announced holding a province-wide strike on Oct 15.

The petitioner contended that ‘access to justice’ was a basic human right and a mean to protect other universally recognized rights.

In present situation, he stated, it had become difficult for citizens to have their right of ‘access to justice.’

He has also referred to Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and several judgements of the superior courts in support of his contentions.

Published in Dawn, October 17th, 2024