PHC directs federal govt, KP to commence trial of hardcore militants

PESHAWAR: The Peshawar High Court (PHC) on Wednesday directed the provincial and federal governments to commence trial of the militants who have been declared ‘black’ and ‘grey’.
During hearing of a case about the missing persons who had been shifted to various internment centres in Khyber Pakhtunkhwa and Fata and declared ‘black’ and ‘grey’, PHC Chief Justice Mazhar Alam Miankhel observed that the provincial and federal governments were silent over the trial of the accused in proper courts.
The division bench comprising of the chief justice and Justice Muhammad Thahim Khan also allowed applications filed by federal Secretary Interior Shahid Khan regarding release of his salary and exemption from appearance in the missing persons’ cases.
Secretary Interior Shahid Khan appeared before the bench as the court had summoned him to explain non-compliance with the orders regarding missing persons’ cases.
The chief justice observed that the court did not want to summon high-ups, but he was summoned in the cases as the orders were not being complied with since 2012.
The secretary interior pointed out that his ministry was not party in the case in which he was summoned, but even then he complied with the court order and appeared in the court. The chief justice said the purpose to summon the secretary was to ensure implementation of the court orders. He noted that the ministry was complying with the court orders, but there were cases in which the orders were not heeded since 2012.
The chief justice asked the secretary interior to expedite the process in the missing persons’ cases as these were being heard in the court for years.During the previous hearing, the court had stopped the salary of the secretary interior and asked him to ensure his presence in the court in the missing persons’ cases.
The court also issued notice to ministries of defence and interior, secretary home and tribal affairs, additional chief secretary Fata and the concerned political administration to submit replies in the missing persons’ cases before the next hearing to be held on November 25.
The bench heard the cases filed by Jameela Bibi, Khalil Khan, Khial Muhammad, Ikram Khan, Jandood, Mamla Khan, Raees Khan and others.The bench also issued notice to the ministries concerned and Home and Tribal Affairs Department in four fresh cases of missing persons.
Meanwhile, the PHC has summoned secretaries health, establishment and finance of Khyber Pakhtunkhwa government for non-compliance with the court order about promotion of a doctor.
The bench comprising Justice Nisar Hussain Khan and Justice Roohul Amin Khan summoned the secretaries concerned in a contempt of court petition.
The petitioner’s lawyer contended that his client is a federal government employee in the Health Department, but has been deprived from his promotion right since 2005. He stated that the petitioner first filed writ petition in the high court, which allowed the petition and directed the Health Department to promote him to grade 20.
The lawyer said the Health Department then challenged the high court order in the Supreme Court. But the apex court dismissed the Health Department appeal and directed it to issue promotion order of the petitioner to grade 20.
He informed the bench that despite the clear directions of the superior courts, the provincial government and secretaries concerned were not issuing promotion order of the doctor.
In another case, the PHC reserved verdict on bail petitions of Pakistan People’s Party’s former provincial minister Nawabzada Mehmood Zeb and four other persons arrested on charges of illegal allotment of government reserves of phosphate for mining to a schoolteacher, which caused Rs360 million loss to the exchequer. A division bench comprising Chief Justice Mazhar Alam Miankhel and Justice Muhammad Thahim Khan reserved decision on bail petitions after detailed hearing from all the parties.