PHC dismisses writ petition of KP CM against ex-PM, others

PESHAWAR: The Peshawar High Court (PHC) on Tuesday dismissed the writ petition filed by Khyber Pakhtunkhwa Chief Minister Pervez Khattak against former Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif and IGP for stopping the PTI workers from entering Punjab and subjecting them to severe baton-charge when they were marching towards Islamabad to participate in a planned lockdown of the federal capital on October 31, 2016.

A two-member bench comprising Chief Justice Yahya Afridi and Justice Younas Thaheem dismissed the writ petition on non-prosecution as Babar Awan, counsel for the KP chief minister in the case remained absent several times.

On the other hand, Additional Attorney General of Pakistan Manzoor Khalil appeared in the case. He was representing the federation in the case and submitted that the federal government had filed its reply.

Chief Minister Pervez Khattak and Health Minister Shahram Tarakai had filed the petition against the then prime minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif and Punjab IGP for stopping the PTI workers from entering Punjab and subjecting them to severe baton-charge.

The petitioners prayed to the PHC to declare shelling, torturing and blockade of roads by the respondents as illegal. They contended that the PTI workers were exercising their fundamental right to join a peaceful assembly in the federal capital.

In the petition, it was submitted that during the rally hundreds of people were arrested and sent to jail and baseless FIRs were registered against them at the police stations of Islamabad.

Terming the action of the federal government unlawful, the writ petition argued that all this was in violation of Article 2 of the Constitution and requested the court to declare the FIRs unlawful and cancelled.

It was also claimed in the petition that the Punjab Police violated Khyber Pakhtunkhwa’s jurisdiction and crossed into the province near the Swabi interchange on the Motorway where they baton-charged the peaceful workers. The petitioners also attached press clippings with the petition in their support.

The federal government in its reply submitted that leaders and workers of petitioners’ party at the behest of their central leadership took law into their hands despite warning by the district administration not to enter Islamabad as section 144 CrPC was imposed.

The federal government through Ministry of Interior submitted reply in the PHC through Additional Attorney General of Pakistan.

It was also stated in the reply that lawful actions were taken by the police of Islamabad Capital Territory or Punjab Police in compliance to their obligations under the prevailing law against the illegal and disruptive activities in the area falling in Capital as well as Punjab province or any place out of Khyber Pakhtunkhwa.

“The armed group accompanying the petitioners damaged properties and attacked the law-enforcement agencies, including police and state installations. This obliged the law- enforcement agencies to take appropriate action in accordance with the law,” the reply stated.

It was submitted that the lawful proceedings were initiated against the persons standing in violation of order under section 144 CrPC in Attock in Punjab and Islamabad Capital Territory to maintain the law and order situation.

It was claimed that the law-enforcement agencies under the administrative control of Ministry of Interior was neither deployed nor involved in any action in Khyber Pakhtunkhwa territory.