Non-establishment of courts: PHC issues contempt notices to govt

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued contempt of court notices to Khyber Pakhtunkhwa governor, chief minister, Secretary, Ministry of Law and Justice for Federation of Pakistan for not complying with the court judgment to establish regular courts in the tribal districts within one month.

A division bench comprising Chief Justice Waqar Ahmad Seth and Justice Abdul Shakoor Khan issued the contempt of court notices to Governor Shah Farman, Chief Minister Mahmood Khan, Justice (Retd) Abdul Shakoor Paracha, Secretary Ministry of Law and Justice for Federation of Pakistan, Muhammad Aslam, Ministry of States & Frontier Regions Division (SAFRON), Bashir Ahmed Memon, Director General Federal Investigation Agency, Naveed Kamran Baloch, Chief Secretary Khyber Pakhtunkhwa, Salahuddin Mehsud, Inspector General of Police, Khyber Pakhtunkhwa and Secretary Home and others.

The court issued the notices in contempt of court petition filed by a lawyer, Ali Azeem Afridi, seeking initiation of the contempt proceedings against the respondents in violation of the court’s order.

During the hearing, the lawyer submitted that the court had passed the judgment on October 30 and declared the Fata Interim Governance Regulation 2018 as ultra vires of the Constitution. The interim regulation had allowed the commissioners to act as judges.

The lawyer said the court had given a one month time to the government to establish regular courts in the tribal districts. It had declared that any decision of civil or criminal nature would be void ab initio.

The petitioner submitted, “Public functionaries had to reinforce good governance, observe rules strictly and adhere to the rule of law in public service.”

However, the non-implementation of the judgment on the part of respondents is a disservice to those believing in constitutionality and rule of law and amounts to thwarting administration of justice.

The petitioner prayed in the contempt petition that the court may please proceed against the respondents for committing contempt of court.

On the other hand, the Khyber Pakhtunkhwa government through advocate general had filed an appeal against the decision of the high court.

It sought suspension of the court’s direction to the government to make arrangements and extend

the regular courts to the tribal districts within one month.

The provincial government claimed in the appeal that the government has started homework for establishing regular courts and the task could not be completed in one month. The government had requested the Supreme Court to suspend the high court’s order.

However, the apex court did not pass any order in the appeal to date and thus the act of the respondents came in the contempt of court.