Resettlement of militants: PHC rejects Aimal Wali’s plea seeking judicial probe

PESHAWAR: The Peshawar High Court (PHC) has issued a detailed judgment rejecting a petition filed against the resettlement of militants in Khyber Pakhtunkhwa.

The court dismissed the request for the establishment of a high-level commission or a judicial inquiry led by a judge, stating that policymaking was the prerogative of the government, and the judiciary cannot interfere in such matters.

A two-member bench, comprising acting Chief Justice SM Atiqque Shah and Justice Sahibzada Asadullah, heard the petition filed by the Awami National Party (ANP) President Senator Aimal Wali Khan. Assistant Attorney General Daulat Khan and Additional Advocate General Asad Jan Durrani appeared before the court.

Senator Aimal Wali Khan, in his petition, had alleged that militants were resettled in KP during the previous government of Pakistan Tehreek-e-Insaf (PTI), which he claimed led to a resurgence of terrorism in the province. He had requested the court to order the formation of a high-level commission or a judicial inquiry to uncover the truth and prevent further resettlement of militants.

The court, after hearing the arguments, dismissed the petition and issued a six-page detailed judgment authored by Justice Sahibzada Asadullah. The judgment stated that the petitioner failed to present any evidence proving the violation of fundamental rights. It emphasized that policymaking fell under the executive authority, and the court cannot intervene in such decisions.

The judgment further highlighted that an unpopular government policy cannot be declared invalid solely on that basis. It acknowledged the severe impact of terrorism on Khyber Pakhtunkhwa over the past several decades, resulting in the loss of thousands of lives, including law enforcement personnel and civilians, and causing economic damage amounting to billions of dollars.

The court noted that terrorism had tarnished Pakistan’s international image, particularly affecting Khyber Pakhtunkhwa, and several political leaders had been assassinated in suicide attacks. The ruling clarified that the legislature, executive, and judiciary were the pillars of the state, each with its distinct roles and responsibilities. While the judiciary was responsible for delivering justice and interpreting the Constitution and laws, it cannot interfere in policy matters. The judgment advised the petitioner to raise his concerns in parliament, where the federal government had the authority to establish a commission if deemed necessary. It concluded that if Senator Aimal Wali had further reservations, he should approach the relevant government institutions, rendering the petition non-maintainable.