PHC cancels arrest order of contractors’ body office-bearer

PESHAWAR: The Peshawar High Court (PHC) has cancelled arrest order of Pir Zarif Shah, secretary information of Contractor’s Association, under Section 3 of maintenance of Public Order (MPO).

A two-member bench comprising Justice Nisar Hussain Khan and Justice Syed Afsar Shah cancelled the arrest order under Section 3 of MPO. It directed Pir Zarif Shah to deposit surety amounting Rs2 million with the court and if in future the same incident is repeated, it will be forfeited.

Pir Zarif Shah had challenged his arrest order under section 3 of MPO in the PHC. During hearing, additional deputy commissioner informed the court that the deputy commissioner Peshawar had issued arrest warrant for Zarif Shah under the MPO after he received complaints against him regarding provoking the public sentiments and created law and order situation by gathering labour and propagation of false allegations against Communication & Works officers and administration in the newspapers.

The relevant SDO C&W Engr Abid Ali recorded his statement and said that during performance of official duty, in the presence of Executive Engineer and sub-ordinates, he met Zarif Shah and asked him to re-start the construction work. He said that the contractor asked for his liabilities.

He said that he informed the contractor that replies were sent officially about the issue of his liabilities. Then the contractor complained that his quoted rates were much below the current market. He was directed to write official letter so that the matter may be resolved.  Suddenly, he said, Pir Zarif Shah became violent, started using abusive language and threatened public officials.

“When I responded, Zarif Shah attacked physically and tortured me. More than 40 SDOs and XENs of C&W Department approached Secretary C&W and highlighted that it is difficult for them to work in such hostile conditions,” he added.

The court asked why the contractor was not blacklisted and why contracts were awarded to him. The additional deputy commissioner replied that the lowest bidder wins the tender. The court in the judgment ordered Pir Zarif Shah to deposit the surety amounting to Rs. 2 million with the court and if in future the same incident is repeated, it will be forfeited.

The bench further stated that in case of repetition of the same act, Section 3 of MPO will be invoked against him. The court warned Zarif Shah to fulfill his contractual obligations and refrain from such actions in future.