PHC summons, Peshawar DC, CCPO for non-compliance

PESHAWAR: The Peshawar High Court (PHC) has summoned Capital City Police Officer and deputy commissioner for framing of charge on September 25 for non-compliance with the superior courts’ decisions to get Afghan National Market situated in Peshawar vacated from the Afghan occupiers.

A division bench comprising Chief Justice Waqar Ahmad Seth and Justice Abdul Shakoor issued a notice to both the officials to appear in the court on September 25 for framing of charge for non-compliance with the Supreme Court and PHC decisions to get vacated the Afghan Market for decree-holder.

The bench issued the notice in contempt of court petition filed by one Syed Intekhab Haider Abidi, a decree-holder of the Afghan National Market, situated in front of the Jinnah Park in Firdous area of the city. It is spread over five kanals and 19 marlas land.

During arguments, the decree-holder lawyer, Fazle Haq, submitted before the court that despite the PHC and Supreme Court of Pakistan clear decisions in favour of the decree-holder, the district administration failed to implement the decision and get vacated the Afghan Market from the Afghan National Bank Limited and other tenants’ mostly Afghan traders.

It was pointed out in the contempt petition that the Afghan National Bank was collecting more than Rs1.5 million per month through the manager from the 180 shops and it was distributed among the respondent officials including local revenue officials and police officials as their due share.

The lawyer informed the bench that on previous hearing, the PHC had directed the respondents DC and CCPO Peshawar to get the market vacated and submit compliance report on September 12. However, he stated that the respondent officials failed to comply with the court order in the contempt petition.

The Chief Justice observed that since 1971 the case about the claim of ownership of the market is running between the Afghan National Bank and the citizen of this city.

In the letter, DC pointed out that 200 shopkeepers posed great resistance to the government officials and create law and order situation.

After losing the legal battle up in the Supreme Court, an official of Afghan National Bank, Safiullah Kajori had appealed to the Government of Pakistan and the Peshawar High Court through a press conference to review the decision about the ownership of a market in the city as, he claimed, the building had been purchased by the Afghan government in 1946.

The PHC had given a verdict in favour of Syed Zawar Hussain Abidi in 2014 regarding the ownership of the market.