Contempt of court petitions: PHC irked by non-implementation of KP government’s orders

PESHAWAR: Peshawar High Court Acting Chief Justice S M Attique Shah remarked on Thursday that hundreds of contempt of court petitions had been filed against government departments but the officials concerned did not implement court orders despite the existence of rules.

Hearing over 450 contempt of court petitions filed against various departments of Khyber Pakhtunkhwa, the two-member bench comprising Acting Chief Justice S M Attique Shah and Justice Syed Arshad Ali also observed that even in contempt of court petitions, no response was provided.

Khyber Pakhtunkhwa Chief Secretary Shahab Ali Shah, Advocate General Shah Faisal Utmankhel, secretaries of all departments, and other officials were present.

The bench remarked that many officers appearing in court were unaware of the details of the cases.During the hearing, the chief justice asked CS Shahab Ali Shah to explain why, despite having rules in place, decisions made by the court were not implemented. He questioned why petitioners were forced to file contempt of court petitions and hire lawyers to get justice. Even after contempt of court orders, implementation did not take place, which was why the CS was summoned.

The chief justice acknowledged the challenging circumstances faced by the province but stressed that summoning the CS was necessary.In response, the CS informed the court that a committee was formed the previous day, including officers from the Law Department and the Advocate General’s Office, to review such cases and ensure that rightful claims were addressed without requiring contempt petitions.

The chief justice pointed out that such a committee had existed before, to which the CS clarified that it had now been reactivated and tasked with submitting monthly reports. The secretary Law would prepare regular reports and submit them to the CS and the Registrar of Peshawar High Court.

The AG told the court that the number of contempt of court petitions had been reduced from 1,300 to 900 due to the committee’s efforts. However, the chief justice remarked that most of these cases had already been decided by different benches of the PHC.

Justice Syed Arshad Ali also addressed the CS, saying that in some cases, government officers provided incorrect statements in court and conceal facts, which led to complications.

He highlighted that the highest number of cases were against the health and education departments, particularly regarding employee upgradation. This issue took a long time to resolve, but when government officers gave assurances in court, the judiciary expected implementation, leading to further complications.

The CS assured the court that all cases would be re-examined and resolved based on merit, ensuring rightful claims were granted.Justice Syed Arshad Ali stressed that only well-informed officers should be sent to court hearings, as many appearing officials were unaware of the details of the cases and fail to present the facts. The chief justice advised the CS to formulate clear SOPs regarding employee service structures to prevent future issues.