PHC summons officials for not halting commercial activities

University Town

PESHAWAR: The Peshawar High Court (PHC) has summoned top officials of the Khyber Pakhtunkhwa government and local administration for not implementing the high court’s decision to halt commercial activities in the University Town.

“The respondents have failed to implement the judgment of the court. They are directed to appear in person for framing of charge on April 6, 2017,” a division bench comprising Justice Waqar Ahmad Seth and Justice Abdul Shakoor passed the order in a contempt of court petition.

The respondents, in the contempt of court petition, are chief secretary Khyber Pakhtunkhwa, secretary Local Council Board, commissioner Peshawar, deputy commissioner Peshawar and town municipal officer, Town-III. Qazi Jawad Ihsanullah appeared for the petitioners in the contempt of court case.

The court passed the directions in a contempt of court petition filed by residents of University Town including Nilofar Aziz and others against the respondents for non-compliance with the court decision to halt commercial activities in the University Town. 

As per the order sheet, it was stated that the court had given four months time after dismissing petitions, seeking continuation of commercial activities on March 10, 2015. It was stated that bylaws and regulations meant for the purpose be made applicable without any discrimination and even in some cases the conversion has been allowed, which is not permitted by the law, the same be revisited and proper action be initiated.

The order stated that the schools/colleges and hospitals be given four months for shifting of their businesses and exactly after four months, law should be enforced positively.   

It said that rest of all owners or premises against which the notices have been served and all the premises which are being used for any other purpose except residence be sealed, immediately.

It had also ordered that action be initiated against all those, right from field officials till the head/controlling authority who remained in the office/power after the judgment delivered on October 30, 2003 for committing criminal negligence, inefficiency amounting to misconduct and compliance report be submitted to the additional registrar Peshawar High Court within three months. However, it was stated in the order that after lapse of about two years, the second judgment of this court passed in 2015 has not been implemented so far by the TMA Town-III Peshawar.