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High court puts off hearing into `militants resettlement` case

Bureau Report 2024-06-26
PESHAWAR: The Peshawar High Court on Tuesday adjourned the hearing into the petition of Awami National Party central president Senator Aimal Wali Khan for the formation of a high-powered fact-finding committee on the `process of the militants` resettlement and its link to the surge in the acts of terrorism in the country.

A bench consisting of Justice Syed Mohammad Attique Shah and Justice Sahibzada Asadullah directed lawyers forthe petitioner to argue on whether its orders on the fact-finding committee won`t be interference in the affairs of the executive.

The petitioner requested the court to set a timeline for the e o m m it t e e `s probe, make its findings publicand ask the federal and provincial governments to stop resettling terrorists in his hometown.

The respondents in the petition are the country`s president, former prime minister and Pakistan Tehreek-i-Insaf founder Imran Khan, Khyber Pakhtunkhwa government through its chief secretary, former provincial chief minister Mahmood Khan, former special assistant to chief minister Barrister Mohammad Ali Saif, former director general of Inter-Services Intelligence retired Lt-Gen Faiz Hameed, and federal government through the interior minister.

Advocate Babar Khan Yousafzai and Barrister Sultan Mohammad Khan represented the petitioner, whereas additional attorney general Sanaullah Khan appeared for the federal government.

The petitioner` lawyers insisted that during the last PTI rule, a secret deal took place between militants and the then government, leading to the resettlement of militants in parts of the province.

They added that the deal also caused the acts of terrorism to surge in the country.

The counsel claimed that the office of the then prime minister, Imran Khan, and special assistant to the chief minister Barrister Mohammad Ali Saif, regarding the resettlement of trained militants from Afghanistan in Pakistan.

They insisted that the country`s president also confirmed his involvement in the grant of immunity to 102 terrorists and that was reported in the media.

During hearing, Justice Attique Shah wondered whether the matter was takenup with the federal government as in the past, the ANP was also part of the Pakistan Democratic Movement.

Barrister Sultan replied that though the ANP had voted for the PDM on different occasions, it was neither part of it nor was a member of its federal cabinet.

He added that if the federal government was serious about resolving the issue, then it would have so far taken any step since May last year when the petition was filed.

When Justice Asadullah wondered how the court could interfere in policy matters, the lawyer contended that the government`s announcement about the launch of a new military operation against terrorism, Azm-i-Istehkam, had confirmed the apprehensions of the petitioner.

He added that the petitioner had submitted a resolution in the Senate on the matter.

The bench observed that it would be better to resolve the issue in parliament.

Babar Yousafzai said since May 2023, the ANP had been demanding probe into the matter, but to no avail.

He said the federal and provincial governments were empowered to constitute a fact-finding committee but when an individual wanted probe into a particular matter, he had to move the high court for it.

The lawyer said the petitioner was left with no option, but to approach the court.

He added that he would provide details of the fact-finding committees formed at national and international levels and provide superior court judgements in that respect.