PHC orders detention of five govt witnesses

PESHAWAR: The Peshawar High Court (PHC) on Friday ordered that five government witnesses be detained in lock-up until June 18 for repeatedly failing to appear in court to record their statements in a narcotics case.

The order was issued by acting Chief Justice SM Atiq Shah, who criticized the performance of the police investigation department, saying it had failed to satisfy the court. “Despite repeated court orders, witnesses have not appeared for several months, which undermines the delivery of justice,” he remarked.

Justice Shah further noted that due to lack of evidence, only 3 out of 100 cases were decided on merit. “As chief justice, I sit here to provide justice to the people of this province, yet in two years, the police have failed to present even five witnesses in some cases,” he said.

He acknowledged the role of the police in the war against terrorism but said “black sheep” within the department were tarnishing its image. “Why are such corrupt elements still being protected? This is the state’s responsibility,” he said.

The remarks came during the hearing of a bail application filed by a suspect in a narcotics case. Advocate General Khyber Pakhtunkhwa Shah Faisal Utmankhel appeared in court, but when asked about the Inspector General of Police (IGP), he informed the court that the IGP was busy in a meeting and could not appear.

Justice Shah expressed displeasure, stating that failure to present evidence and witnesses had become a routine in police cases. “Despite multiple directions, court orders are being ignored,” he said. The Regional Police Officer (RPO) Mardan informed the court that an inquiry had been initiated against the officer concerned. He said that a memory card submitted as evidence in the case would be sent to the Forensic Science Laboratory (FSL), although the chief justice pointed out that the card contained no video.

Justice Shah directed that the investigation department must improve its standards and stated that in 150 cases, prosecution had failed to produce witnesses. “We cannot allow the police to embarrass the judiciary. If even 4 or 5 witnesses are not produced in 24 months, the system is clearly flawed,” he said.

He added that in the past four decades, the police department had witnessed significant challenges, including frequent bomb blasts, but now internal corruption was a major issue. The RPO assured the court that strict action was being taken against such officials.

Justice Shah instructed the advocate general to hold a meeting with senior police officials and devise a mechanism to ensure compliance with court orders. The court gave a 30-day deadline for holding the meeting and submitting the minutes.