PESHAWAR: The Peshawar High Court on Saturday removed around 105 petitions from its Nov 10 cause lists, including those challenging the imposition of emergency and governor’s rule in the province as well as the alleged illegal detention of dysfunctional Chief Minister Sohail Afridi and several other PTI lawmakers, leaders and workers.
The move comes a day after the high court’s administrative committee, acting in compliance with a restraining order issued by the Federal Constitutional Court (FCC), decided not to proceed with petitions filed under Article 199 of the Constitution on or after Oct 12.
The FCC had also decided not to entertain fresh petitions and to return them to the petitioners, directing them to approach the ‘appropriate’ forum.
On Nov 5, a two-member FCC bench declared: ‘Since the armed forces have been calledto act in aid of civil power in the entire province of KP pursuant to the Oct 11 order... the proceedings before the PHC instituted under Article 199 on or after Oct 12 shall, in terms of Clause 4 of Article 245, remain suspended.
It also directed KP advocate general Sanaullah Khan to produce within seven days a report, identifying areas in the province where the armed forces are no longer required to act in aid of civil power.
The FCC declared that it might consider modifying its order under Article 245 of the Constitution, which provides for the deployment of armed forces in aid of civil power, after examining the report.
The FCC order has affected several high-profile cases, as well as routine matters falling under Article 199 of the Constitution.
The most significant of the deleted petitions were those challenging the imposition of emergency in KP under Articles 232 and 234 of the Constitution.
These petitions were filed by PTI chairman Barrister Gohar Ali Khan, leaders of Tehreek Tahafuz-i-Aeen Pakistan and the National Democratic Movement, the KP Bar Council and others.During the previous hearing on Oct 20, a two-member bench sought comments on the petitions from the respondents, including the federal government, within a fortnight and fixed Nov 10 for the next hearing.
Similarly, petitions challenging the alleged illegal detention or abduction of Sohail Afridi, KP Assembly Speaker Babar Saleem Swati, PTI provincial president Junaid Akbar, scores of lawmakers, and other PTI leaders and workers were also deleted.
In these petitions, the court had initially issued notices on Oct 20 to the KP chief secretary, home secretary, inspector general of police (IGP) and Peshawar Capital City Police Officer, directing them to submit a detailed report within 10 days regarding the whereabouts of the chief minister and clarify whether he had been arrested or was implicated in any criminal case.
However, the respondents failed to submit the report within the stipulated time.
Consequently, on Nov 3, a bench referred the matter to the chief justice, suggesting the constitution of a larger bench to hear it.
Several petitions challenging detentions under the Maintenance of Public Order Ordinance, which had also been fixed for Nov 10, were deletedfrom the cause list.
The deleted petitions also included one filed by KP Assembly Deputy Speaker Suriya Bibi, challenging the government’s sealing of her official residence.
In that petition, the court had earlier granted her interim relief, ordering the de-sealing of her residence and allowing her to stay there. However, the government did not comply with the order, prompting the court on Nov 5 to seek an explanation as to why it had not yet been implemented.
Similarly, multiple petitions filed by aggrieved property owners against the government’s anti-encroachment operations in different areas were also de-listed.
Moreover, several petitions pertaining to ‘missing persons’ and those filed by Afghan nationals seeking relief in the government’s ongoing repatriation drive were also removed from the cause list.
The Interior Ministry issued an order on Oct 11 under Article 245 of the Constitution, authorising the deployment of Pakistan Army troops in aid of civil power in KP for the duration of the proclamation issued under Articles 232 and 234 of the Constitution.
Meanwhile, the InsafLawyers Forum (ILF) has said that no judicial or administrative order should become a means of violating citizens’ fundamental rights and constitutional protections.
It termed the ‘limiting’ of the fundamental rights of 45 million people in KP through a court order a serious blow to the supremacy of the Constitution, independence of the judiciary and the right to justice.
In a statement, ILF central information secretary Masooma Mir noted that Article 199 of the Constitution provided citizens with a constitutional avenue to approach the high court, while Articles 9, 10-A and 25 guaranteedfundamentalrights,including the right to life, fair trial and equality.
She added that protecting those rights was the fundamental responsibility of the state and the judiciary.
Ms Mir said courts existed to protect citizens’ constitutional rights, not to restrict their access to justice.
She urged the Pakistan Bar Council, KP Bar Council, Supreme Court Bar Association and other lawyer bodies to play an active role in the current constitutional crisis to safeguard the rights of the people of the province.