PHC restrains ACE from arresting Jhagra, Bangash

PESHAWAR: The Peshawar High Court (PHC) on Wednesday restrained the Anti-Corruption Establishment (ACE) Khyber Pakhtunkhwa from arresting former provincial ministers Taimur Jhagra and Kamran Bangash.

A two-member bench consisting of Chief Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah heard the petitions of the two leaders of the Pakistan Tehreek-e-Insaf.The bench directed the ACE to submit its reply at the next hearing into the case.

Ali Gohar Durrani Advocate appeared on behalf of the petitioners and told the bench that Taimur Jhagra and Kamran Bangash were former provincial ministers aligned with the PTI.He said the officials of the ACE had launched inquiries against them during the tenure of the caretaker provincial government.

He said a complainant Mohammad Ali had accused the former ministers of making illegal appointments in various government departments.The lawyer said the complainant had not appeared before the relevant forums in connection with his complaint against the two former ministers.

He pointed out that under the law, the anti-corruption could only take action against government employees.The lawyer said the petitioners were former provincial ministers and the anti-corruption was not authorized to take action against them.

He said the Supreme Court had declared in many cases that ministers did not fall under the definition of government employees, adding the anti-corruption had overstepped its authority.The lawyer said his clients had also secured bail from relevant courts, requesting the bench to quash the case against them.

Meanwhile, the Peshawar High Court (PHC) on Wednesday issued notices to the provincial government, secretary Law and secretary Finance on a writ petition filed against the appointment of the Khyber Pakhtunkhwa ombudsman. A two-member PHC bench comprising Justice SM Attique Shah and Justice Shakeel Ahmad heard the petition.

Appearing before the court, the petitioner Ali Azeem Advocate said Jamaluddin Shah was appointed as provincial ombudsman in July 2021.He argued that under the relevant rules, the provincial ombudsman was supposed to either serve for three years or his tenure ended after reaching 62 years of age.

The petitioner argued the incumbent provincial ombudsman reached 62 years of age in 2023. However, he pointed out that the Provincial Ombudsman Act, 2010 was amended in 2022 to allow the official in question to continue working against his position, which he contended did not apply to him as he was appointed before the amendment to the law.

He said the provincial ombudsman had been holding his office illegally since January 23, 2023, adding that a letter was also written to the chief minister, but no action was taken.The petitioner requested the court to issue orders for departmental action against the provincial ombudsman for continuing in office despite completing his term.

The petitioner said the official was illegally serving against this position so he should be stopped from doing so.Issuing notices to the respondents, the court directed them to submit their replies.