PHC orders reopening of public library

PESHAWAR: The Peshawar High Court has declared as illegal, unwarranted and without lawful authority the action of the provincial minister for local government Inayatullah Khan and the director general, Peshawar Development Authority (PDA) to lock and seal the Saalim Khan Public Library, Hayatabad, and ordered its opening with immediate effect.
Justice Nisar Hussain Khan and Justice Musarrat Hilal gave the verdict while accepting the petition filed by the welfare organization, Saalim Educational Welfare Development Organization, which has been running the Saalim Khan Public Library and is headed by former MNA Saalim Khan Khalil. Lawyer Qaisar Ali represented the petitioner while Amir Javed was the legal counsel of the provincial minister and the director general, PDA.
The bench in its judgement also instructed the petitioner “not to carry out any commercial activity of running any tuition centre in the Library.” It directed that “the Library shall be managed, controlled and operated as it was being carried out before its sealing or locking.” The bench ordered the respondents may monitor the activities of the Library through an officer not below the rank of BPS-20.”
The petitioner had alleged that the PDA officials closed down the library on September 9, 2014 without assigning any reason on the instruction of the provincial minister for local government. It maintained that library was established by Saalim Khan Khalil, a social worker and former MNA, by spending his own money and that of his wife to impart knowledge and education to the public. The petitioner noted that the project was approved by the provincial government and in 2006 a revised PC-1 was prepared costing Rs1.286 million and launched as a public-private partnership project.
In their comments, the respondents alleged that the petitioner was involved in unlawful and commercial activities in the said library in violation of Section 29 of NWFP Building Regulations, 1985 and Schedule-IV of Local Government Ordinance, 2001. They alleged that residents of the area had filed a complaint against the petitioner that a commercial tuition centre is being run in the library causing nuisance for them.
However, the bench accepted the petition and gave verdict in favour of the petitioner by ordering reopening of the library.