Arrest of Asad Qaiser by Swabi DC draws court’s ire: PHC restrains govt from taking action against PTI leaders

PESHAWAR: Restraining the government from taking action against the Pakistan Tehreek-e-Insaf (PTI) leaders and ex-lawmakers, the Peshawar High Court (PHC) on Tuesday sought details of cases registered against them and resented the arrest of former speaker Asad Qaiser under 3 MPO by the deputy commissioner of Swabi.

The division bench comprising Chief Justice Mohammad Ibrahim Khan and Justice Ishtiaq Ibrahim issued the directions while hearing the petitions filed by PTI leaders and ex-lawmakers, including Sher Afzal Marwat, Ali Asghar, former minister Taimur Salim Jhagra, Liaqat Ali, Fazal Hakeem Gul Dad Khan, Mian Sharafat Hussain, Anwar Taj and mayor of Swat’s Babuzai tehsil counsel Shahid Ali Khan.

PTI lawyers pleaded the cases of respective PTI leaders while Advocate General Aamir Javed, Additional Advocate General Danyal Asad Chamkani and Deputy Attorney General Sanaullah appeared for the provincial government whereas Additional Deputy Prosecutor General Mohammad Ali represented the National Accountability Bureau (NAB).

Danyal Asad Chamkani told the court that cases were registered against the PTI leader Sher Afzal Martwat and others as they had held workers’ conventions without getting prior permission from the Kohat district administration.

Nauroz Khan, lawyer for Sher Afzal Marwat, informed the bench that his client had been jailed in Lahore and later released but he had not yet arrived here. The bench directed the petitioner to appear on December 26.

However, the AG objected to granting of relief to Sher Afzal Marwat and said that an accused must be present at the court during the hearing.

To this, Justice Ishtiaq Ibrahim said that the court can issue orders in such constitutional cases.

The PHC CJ also said that it was not a bail but only the government was restrained from taking action against the petitioner.

Lawyer for ex-minister Taimur Jhgagra, Ali Gohar Durrani, told the bench that details of cases against his client should be provided as he wanted to appear in the respective courts.

He said that NAB had told the court that there were no cases against his client but still notices had been sent and raids were being conducted on his residence.

The court directed the provincial government and NAB to submit replies to the petitioner’s pleas.

Similarly, the bench asked the provincial government to submit details of cases against ex-lawmakers Gul Dad Khan, Liaqat Ali, Ali Asghar and others.

The bench also expressed resentment over the arrest of former speaker Asad Qaiser by Swabi DC under 3 MPO, saying that the arrest seemed illegal.