Educational institutions, hospitals, NGO offices not being shifted from Peshawar’s University Town

PESHAWAR: Despite the directions by the Peshawar High Court (PHC) and the administration’s repeated notices, the educational institutions, private hospitals and offices of foreign non-governmental organisations (NGOs) haven’t been shifted yet from the University Town. 

The PHC had declared the above establishments a great threat to the residents of the University Town. 

The court has finally decided that even the educational institutions and private hospitals will not remain in the University Town, which is a residential area. It directed the officials concerned to comply with the court’s orders or face contempt of court action. 

For compliance with the PHC judgments on the shifting of educational institutions and private hospitals from the University Town, the court had on October 28 ordered to reconsider their affiliation and registration with the departments concerned if they were not shifted to other places.

“The Advocate General Office and officials concerned of the provincial government are directed to place the copy of this order before the Board of Intermediate and Education Department as well as Health Department for re-considering affiliation of private schools, colleges and private hospitals after the shifting to new localities from the University Town,” stated the detailed order the copy of which has been obtained by The News. 

A PHC division bench headed by Justice Waqar Ahmad Seth and Justice Musarrat Hilali issued the detailed order and directions in the writ petitions filed by educational institutions and private hospitals seeking direction from the court about the shifting of these institutions from the University Town.

The order stated it had been revealed that the educational institutions not only of the petitioners, but also others located in the University Town had enrolled 90 to 95 percent students from other localities. 

The court order said it was the right of the educational institutions and parents of students to ask for safer surroundings for the schools.  The departments concerned were directed to allow the educational institutions to acquire secure places.

The PHC had on October 28 dismissed petitions of the educational institutions and private hospitals seeking exemption from shifting from the University Town. The court had directed the provincial government and Town-III administration to stop commercial activities in the University Town before December 7or face contempt of court proceedings.

The PHC had given the last chance to the chief secretary, secretary local government, deputy commissioner Peshawar and Town-III administration to comply with court orders or else be ready for contempt of court proceedings.

The bench ordered the provincial government and Town-III administration to close down educational institutions, private hospitals and offices of NGOs, including those of the United Nations High Commissioner for Refugees, before November 7 and submit a progress report to the court.

The court asked the legal advisor of local government and additional advocate general to convey its directives to the officials concerned to implement the decision or face contempt of court proceedings at the next hearing in case of non-compliance. The court issued the directives in a contempt of court petition filed by Neelofar, Dr Khushnood Ali Khan and Sadia Sarwat Durrani, residents of University Town, through their lawyer Qazi Jawad Ihsanullah.

The petitioners sought implementation of the PHC decision. The PHC in its detailed judgment had directed the Town-III and district administration to seal all the buildings, including houses, plazas, guesthouses and bungalows in the University Town which were built for residential purposes but were being used for commercial activities. The court observed that there was no exemption for any institutions functioning in the University Town. It asked the government to shift even the Foreign Office to other places in the city. 

Sabahuddin Khattak, legal advisor of Town Administration and Local Government Department, had informed the bench that he had submitted the progress report. However, he said the UNHCR officials claimed that they had exemption from the courts order under the UN laws. The legal adviser said the police and other officials concerned were also not cooperating with the Town Administration to get the UNHCR and other foreign NGOs offices vacated in compliance with the court orders.