PHC seeks AG’s help in cases filed under Protection of Pakistan Act

PESHAWAR: The Peshawar High Court (PHC) on Tuesday directed the Khyber Pakhtunkhwa advocate general to appear and assist the court on the law point about the fate of the accused persons charged under the Protection of Pakistan Act as the special courts constituted for the cases and the law ceased to exist after expiry of the act.

A two-member bench comprising Chief Justice Mazhar Alam Miankhel and Justice Ikramullah Khan sought assistance. The bench passed the directions in writ petitions by seven accused persons. They had been charged under act and detained in prisons without progress in their cases for the last two years.

The court also ordered to club all the cases filed against the detention under the act on the next hearing to be held on October 18. Seven accused persons, including Khairul Akbar, Waqif Ali, Sadam Hussain, Noorul Amin, Zakir, Mohsin Ali and Maulana Tayeb, had filed the writ petitions for their release on bail.

During the hearing, the petitioners’ lawyer, Arshad Ali Mohmand, submitted that the Counter Terrorism Department (CTD) had charged the accused persons under Section 16 of Protection of Pakistan Act, Section 7 of Anti-Terrorism Act, Sections 3 and 4 of Explosive Substance Act on September 16, 2014 and under detention.

He submitted that earlier the PHC had dismissed a writ petition of the terror suspects and directed the special trial court constituted under the Protection of Pakistan Act, to decide the cases within two months.

The lawyer submitted that first the special court did not decide the cases within two months and second the courts wound up the work and judges reported to respective high courts for duties after no extension was given to the special law by the federal government.

He prayed the court to release the petitioners on bail as the fate of the accused persons hung in the balance because neither the cases were shifted to another special court nor were these decided by the special court on time.

However, the KP advocate general sought some time to assist the court about the fate of the cases of the suspected persons mainly charged under the Protection of Pakistan Act, which does not exist.

Initially this law was promulgated through an ordinance. Later it was got approved from the Parliament. Under this law, law-enforcement agencies were allowed to arrest anyone and search any premises without warrant. They were also allowed to detain any citizen for sixty days without mentioning any reason.

They lawyer said that presently about 10 to 12 cases were pending in the special court established under the Protection of Pakistan Act 2014 and even charges were not framed in these cases.