+ Judicial Commission: KP bar names member amid controversy

PESHAWAR, Nov 4: The Khyber Pakhtunkhwa Bar Council on Thursday nominated Fazal Haq Abbassi as member of Judicial Commission for Pakistan, meant for appointment of judges to superior courts, amid a controversy over the definition of senior advocate.

The vice chairman of bar council, Ahmad Farooq Khattak, said that Mr Abbassi, an elected member of Pakistan Bar Council, was nominated unanimously by 15 members of the council.

However, another group of the bar members said that eight of them walked out of the meeting as others were not following the law.

Few days ago a meeting of the council was held for nominating a senior advocate as member of the Judicial Commission. However, that meeting remained inconclusive and another meeting was held on Thursday in which 22 members participated.

A group of council members on Thursday agitated the point that although Mr Abbassi, hailing from Abbottabad, was a member of Pakistan Bar Council, yet he did not qualify the definition of senior advocate of the Supreme Court.

Roohul Amin Khan, a member of the council, told Dawn that they had no objection over the competency of Mr Abbassi, and were opposed to his nomination only on the ground that he was not senior advocate of the Supreme Court.

He added that they apprehended that like in the case of Sindh Bar Council, the nomination of Mr Abbassi might be returned to the council by the Chief Justice of Pakistan.

He said that in section 21 of the Legal Practitioners and Bar Councils Act different categories of advocates were given, including senior advocate of Supreme Court; advocate of the Supreme Court; advocate of the high court, etc. “Under the said section separate licence is issued to senior advocate and only those lawyers qualify for it whose experience of the apex court is 15 years,” he added.Mr Amin said that in Khyber Pakhtunkhwa there were only few senior advocates of the apex court including Barrister Zahoorul Haq, Qazi Mohammad Jamil, Qazi Mohammad Anwer, Abdul Lateef, Akber Khan Swati and Mian Muhibullah Kakakhel.

On the other hand, Mr Khattak, who presided over the meeting, said that the members, who nominated Mr Abbassi, believed that in Article 175A of the Constitution the words used were “senior advocate” and not “senior advocate of the Supreme Court.”

He said that the members had based their arguments on a news item wherein it was claimed that the Supreme Court had returned the nomination by the Sindh Bar Council as the nominee was not a senior advocate of the Supreme Court.

However, he added that other members believed that unless specific order of the court was not before them they could not rely on press reports.

Mr Khattak said that none of the group had staged a walkout as there was a short break in the meeting following which some of the members did not turn up and rest of the members nominated Mr Abbassi unanimously.

Those who claimed staging walkout include S. Naz Muhammadzai, Akhter Ali Khan Nahqi, Mian Abdul Fayaz, Mohammad Rafiq, Roohul Amin, Waseem Khan, Faheem Akber and Fazal Tawab Khan.

Under Article 175A, the Judicial Commission comprises Chief Justice of Pakistan as its chairman; two senior most judges of Supreme Court; a former judge of Supreme Court to be nominated by the chief justice in consultation with the two member judges for a term of two years; federal minister for law; Attorney General for Pakistan and a senior advocate of the Supreme Court to be nominated by the Pakistan Bar Council for a term of two years.

For appointment of judges of a high court, the commission shall also include as its members, the chief justice of the high court concerned; the most senior judge of the said high court; provincial minister for law and a senior advocate to be nominated by the provincial bar council for a term of two years.

+ Commission failed to trace missing persons: PHC

PESHAWAR, Sept 28: The Peshawar High Court on Tuesday observed that the inquiry commission, established to trace the missing persons, had failed to achieve the desired objectives as hundreds of people had still been missing with the authorities clueless regarding their whereabouts.

Expressing annoyance over the plight of missing persons, a two-member bench comprising Justice Dost Mohammad Khan and Justice Pir Liaqat Ali observed that no person including the army chief, the inspector general of police or any intelligence agency was authorised to detain a person without approval from the concerned court.

“We have regularly been receiving cases of missing persons. We don’t understand why these agencies have not been mending their ways,” observed Justice Dost Mohammad.

The bench observed that the Supreme Court had been striving hard as well as the high court but still hundreds of persons had been missing and keeping people in illegal detention had become a regular phenomenon.

In one of the petitions, the bench ordered that the two colonels of the 9th Div Kohat should appear along with the relevant record regarding illegal detention of a person, Raees Khan.

The bench directed the petitioner, Said Nabi, who is brother of the alleged detainee, to produce another person, who according to him had remained in illegal detention in Kohat and there he had spotted the detainee.

The court also summoned the deputy attorney general, Mohammad Iqbal Mohmand, and asked him for how long such illegalities would continue to happen.

Mr Mohmand stated that they had been passing through extraordinary security situation.

The bench observed that they were not oblivious of the situation, but the security agencies should follow the law.

The petitioner stated that his brother had been missing since Nov 28, 2009, after he was taken into custody in Hangu.

In another writ petition filed by a woman, Ms Nazia, challenging illegal detention of her husband, Gohar Ali, the bench deputed a bailiff to raid the premises where the petitioner suspected the presence of her husband.

Her minor daughter, Nadra, who also remained missing for many months and later on police showed that she was arrested in connection with a case of carrying explosive substance, appeared before the court and stated that she was taken away along with her father.

The girl pointed towards a deputy superintendent of police, Shahnawaz Khan, that he was present along with the raiding tem which had picked them from their residence in the jurisdiction of Yakatoth police station.

She alleged that they were tortured by the police in custody.

The DSP denied her charges stating that they had neither arrested them nor were aware regarding the whereabouts of the detainee.

The DSP was directed by the court to remain inside the courtroom till the return of the bailiff. Till rising of the court the bailiff had not returned and the court adjourned hearing to next date.

Meanwhile, another bench of the court comprising Chief Justice Ejaz Afzal Khan and Justice Yahya Afridi disposed of a writ petition challenging alleged illegal detention of two persons, Mohammad Ibrahim and Samiullah, as all the respondents had denied they had taken the detainees into custody.

The Judge Advocate General branch of Pakistan Army had expressed ignorance about them few months ago whereas the ministries of interior and defence have also stated that none of the agencies under their supervision arrested them.

The petitioners’ counsel Mian Muhibullah Kakakhel stated that people had attached a lot of hopes to the superior courts, but if the courts could not provide them justice in such like cases then why people should come here.

He regretted that the cantonment area had turned into a “no go area” for the citizens, but nobody could question the authorities concerned.

The two alleged detainees were picked up by the security agencies from Hayatabad Township on Sept 19, 2009 and since then they remained incommunicado.

+ MPA asked to move concerned court for bail

PESHAWAR, June 2: The Peshawar High Court on Wednesday directed an MPA of the ruling Awami National Party, Shakeel Bashir Umerzai, to move the concerned court in Charsadda for seeking pre-arrest bail in the murder case of four persons including former MPA, Alamzeb Khan Umerzai.

A two-member bench comprising Chief Justice Ejaz Afzal Khan and Justice Sardar Shaukat Hayat disposed of a writ petition filed by Shakeel Umerzai, requesting for a pre-arrest bail in the said murder case.

Additional advocate general Ishtiaq Ibrahim informed the court that the prosecution had recommended to remove the provisions of Anti-Terrorism Act from the present case.

The bench observed that after the removal of said provisions the case could be decided by the district and sessions judge. The court gave three days time to the petitioner for moving the Charsadda district court.

The high court had last month granted interim pre-arrest bail to the petitioner. As at that time Section 7 of ATA was included in the FIR, therefore, the district court had no power to decide the issue of pre-arrest bail and they petitioner had filed the present petition in the high court.

A panel of lawyers including Barrister Zahoor-ul-Haq, Qazi Muhammad Anwer and Abdul Lateef Afridi represented the petitioner, Shakeel Umerzai. Mian Muhibullah Kakakhel appeared for the complainant party.

The petitioner along with his father, Bashir Umerzai, a former provincial minister and leader of ANP, and his three brothers were charged in the FIR registered on April 22 at Police Station Parang.

The deceased Alamzeb Umerzai, a leader of PPP (Sherpao), was killed along with three other persons when they were traveling in a car in Charsadda.

The deceased had earlier survived many life attempts and in two of the cases in 2002 and 2003, respectively he had charged Shakeel Umerzai, Bashir Umerzai and their other relatives.The petitioner contended that he was present in a meeting of the standing committee of the assembly at the time of occurrence.

He added that he and his other family members were falsely implicated in the case.

+ tact

tact

+ Missing men not in army custody, court told

PESHAWAR, April 14: A representative of Pakistan Army informed the Peshawar High Court in a habeas corpus petition on Wednesday that the two missing persons were not in its custody.

The assistant judge advocate general of 11 Corps, Lt-Col Noor Ahmad, informed a two-member bench comprising Chief Justice Ejaz Afzal Khan and Justice Mazhar Alam Miankhel that the two missing persons -- Muhammad Ibrahim and Samiullah -- had neither been taken into custody by the army nor were they in their custody.

Advocate Mian Muhibullah Kakakhel appeared for the two alleged detainees and contended that both of them were teenagers and were picked up by personnel of local police and an intelligence agency from Hayatabad Township on Sept 19, 2009. Since then, he added, their whereabouts were not known.

The DAG, Iqbal Mohmand, informed the court that the ministry of interior had sought some time for tracing out the alleged detainees. The bench adjourned the hearing and allowed some more time to the said ministry for tracing the whereabouts of the detainees.

In another writ petition challenging the disappearance of an internally displaced person from Swat, the bench allowed some time to the interior ministry for tracing him.

Advocate Nasrum Minallah appeared for the petitioner, Noor Muhammad, who alleged that his brother Lal Muhammad was displaced from Swat along with his family and was staying at a camp at Elementary College Amber in Swabi.

He alleged that the detainee was first picked by the local police on May 20, 2009, in a case of petty nature and was released from prison on order of a local court. However, he added that soon after his release he was against taken into custody and since then he had been missing.

CASE DISPOSED OF: The court disposed of a habeas corpus petition challenging alleged illegal detention of a person for the last over a year as all the relevant agencies expressed ignorance about his whereabouts.

The court directed the petitioner’s counsel that if they could trace out the whereabouts of the alleged detainee they could again move the high court.

The petition was filed by Fazal Jamal, father of the detainee Taj Muhammad. He claimed that the officials of Bana Mari police and some officials of a security agency had raided Bahadur Village in Peshawar on Mar 25, 2009, and arrested his son along with some other persons.

The deputy attorney general, Muhammad Iqbal Mohmand, informed the court that he had contacted all the relevant intelligence agencies and all of them had expressed ignorance about the detainee.



http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/local/peshawar/missing-men-not-in-army-custody,-court-told-540

+ Peshawar High Court puts DAG on notice in missing person cases

PESHAWAR, March 26: The Peshawar High Court on Friday put on notice the deputy attorney general in two writ petitions of missing persons with the direction to contact the relevant agencies for tracing them out.

A bench comprising Justice Abdul Samad Khan and Justice Imtiaz Ali took up for hearing different writ petitions wherein alleged illegal detention of some missing persons has been challenged.

One of the petitions has been filed by Asif Khan, a resident of Bashirabad, alleging that his father Qazi Haji Gul, a resident of the tribal region, was coming to Peshawar from Bara, Khyber Agency, when he was taken into custody by the Sarband police on Feb 15.

The petitioner claimed that they had learnt that the detainee was later handed over to an intelligence agency.

Advocate Sabitullah Khan Khalil appeared for the petitioner and contended that the whereabouts of the detainee were not known since his arrest by local police.

The SHO of the Sarband police station, who appeared in the court, expressed ignorance about the occurrence, saying they had neither arrested the man nor handed him over to any agency.

The bench directed the SHO to file a written statement in that regard. It also directed the deputy attorney general to contact the quarters concerned so as to ascertain the whereabouts of the man.

Another petition has been filed on behalf of an alleged detainee, Yar Dar, said to be a low-ranking employee of the Sui Northern Gas Pipelines Limited. According to the petition, Mr Dar was taken into custody by personnel of the Frontier Corps in Bara on Sept 5, 2009.

The petitioner’s counsel Mian Muhibullah Kakakhel contended that the man was now allegedly in the custody of an intelligence agency.

Meanwhile, the bench put on notice the NWFP advocate general and the Upper Dir district police officer in a writ petition challenging disappearance of a schoolteacher.

A writ petition filed on behalf of teacher Sahibzada Khan stated that he was arrested by officials of the Wari police station on Oct 31 last year.

Advocate Babar Khan Yousafzai appeared for the teacher and stated that police had not produced him before any court and were also not disclosing his whereabouts. He contended that his detention was illegal and unconstitutional.




http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/local/peshawar/court-gives-more-time-to-trace-missing-persons-240

+ Peshawer High Court gives more time to trace missing persons

PESHAWAR, April 1: The Peshawar High Court on Thursday gave more time to the deputy attorneys general to trace out some missing persons whose whereabouts are not known for the last many months.

A two-member bench comprising Chief Justice Ejaz Afzal Khan and Justice Mazhar Alam Miankhel directed two deputy attorneys general -- Muhammad Iqbal Mohmand and Muzamil Khan -- to contact the concerned agencies so that the alleged detainees could be traced.

One of the petitions is filed on behalf of a missing person, Yar Dar, stated to be a member of Khasadar Force in Bara Khyber Agency. The detainee was allegedly taken into custody on Sept 5, 2009 in Khyber Agency allegedly by officials of intelligence agencies.

The DAG, Muzamil Khan, informed the court that he had contacted an intelligence agency and Ministry of Interior, but the whereabouts of the detainee could not be ascertained. He sought more time for tracing the detainee.

Petitioner’s counsel Mian Muhibullah Kakakhel contended that the concerned political agent and assistant political agent were aware of the facts regarding disappearance of the detainee.

Another petition has been filed by Muhammad Ali, whose three relatives have been missing since they were allegedly picked up by an intelligence agency on Nov 11, 2009, from Khyber Bazaar. Advocate Khursheed Ahmad Shahan appeared for the petitioner and stated that four of his relatives were initially picked up by an intelligence agency. He added that one of the detainees, Farooq, was set free after his arrest as he had to go to perform Haj. Two of the detainees were identified as Ahmed and Haroon. The detainees belonged to the southern Hangu district of the province.

Iqbal Mohmand informed the court that he was in touch with the relevant agencies. He sought some more time for tracing the whereabouts of the three detainees.

NOTICE ISSUED: The high court on Thursday put on notice the administration of Mohmand tribal region in a contempt of court petition.

The petition is filed by a representative of Human Rights Commission of South Asia, Syed Iqbal Kazmi, who had earlier challenged the detention of an old tribesman, Haji Wazir Muhammad.

A two-member bench of the high court had on March 11 allowed a writ petition and declared the detention of Haji Wazir under section 21 of the Frontier Crimes Regulation as illegal. The court had ordered that he should be set free after furnishing two sureties of Rs300,000 each.

The petitioner alleged that when the legal formalities were completed and the detainee was set free on March 18, he was allegedly again taken into custody on unspecified charges.



http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/local/peshawar/court-gives-more-time-to-trace-missing-persons-240

+ PHC issues notices to UoP Vice Chancellor, Registrar

PESHAWAR (APP): Peshawar High Court Wednesday issued notices to Vice Chancellor and Registrar of the University of Peshawar in a writ petition filed by the students of Economics Department of the university. The division bench of PHC comprising Chief Justice Ejaz Afzal Khan and Justice Mazhar Alam sought written comments from the Vice Chancellor and Registrar of the University of Peshawar and directed them to submit their reply within 14 days. Leema Khan and 47 other students of the Department of Economics of the University of Peshawar have field a writ petition in the high court in which they have claimed that they have obtained BSc (Hons) Degree in Economics after 4 years University Education by completing a total of 16 years education. They claimed that according to the rules of Higher Education Commission (HEC) degree of BSc (Hons) obtained after 4 years education in university and total 16 years education (130 credit hours) is equivalent to MA/MSc degree, which is obtained after regular BA/BSc. The petitioners said they had got admission in 4 years BSc (Hons) in Economics in the University after 12 years schooling and thus awarded degree of BSc (Hons) which is equivalent to MA/MSc. They argued that they wanted to undergo advance studies in Economics in UoP for M Phil/MS in Economics and they were told that in due course of time, courses of M Phil/MS will commence and advertisements for the same will be issued. The petitioners claimed that instead of M.Phil/MS the university advertised a course of one year MSc for the petitioners and were asked to get admission in the same and were given assurance and understanding that their course will further be converted into M Phil/MS but till date the petitioners are studying in MSc where even examinations have started in the same. They stated that during their M.Sc a HEC has issued a notification on August 30, 2009, and announced that one year degree after 16 years of education will not be a recognized master degree and will be verified as a Post Graduate Diploma. Mohibullah Kakakhel advocate appearing as counsel of the petitioners contended that the HEC notification has in fact created worries among MSc students for their master degree.



http://www.thefrontierpost.com/News.aspx?ncat=cn&nid=1579&ad=10-12-2009

+ Iraqi shoe thrower released; says ‘was tortured’

BAGHDAD (SANA): The Iraqi journalist who threw his shoes at former US President George W Bush was released after nine months in a Baghdad prison.

Shortly after his release from, Muntadar al-Zaidi demanded an apology - and said he was tortured by senior government officials while in jail, adding he would name the officials later.

His protest last December made him a hero for many Arabs. He was convicted of assaulting a foreign leader.

Initially, he was sentenced to three years in jail. But he had the term reduced to 12 months on appeal and was released three months early for good behaviour.

After his release on Tuesday he told journalists: “I am free again, but my homeland is still a prison.”

A news agency reported he was slurring his speech because of a missing tooth. He went on to say he had suffered beatings, whippings, electric shocks and simulated drowning at the hands of officials and guards.

“At the time that Prime Minister Nouri Maliki said on television that he could not sleep without being reassured on my fate… I was being tortured in the worst ways, beaten with electric cables and iron bars,” he said.

He demanded an apology from Maliki and said he would name the officials who tortured him in due course.

He also said he feared US intelligence services regarded him as an “insurgent revolutionary” and would “spare no effort” in a bid to kill him.

“I want to warn all my relatives and people close to me that these services will use all means to trap and try to kill and liquidate me either physically, socially or professionally,” he said.

His allegations of abuse mirror claims made earlier by his family, who said he had been beaten, suffering a broken arm, broken ribs and internal bleeding.

The Iraqi military earlier denied the allegations, but following Zaidi’s news conference Sami Al Askari, an adviser to Maliki, said his torture claims should be investigated.

Zaidi’s family has been preparing to throw a party for him.

He has reportedly received offers of money, jobs and even marriage from across the Arab world.

His relatives say he was offered a golden horse by the Emir of Qatar
When news of his release filtered through to his family’s home in Baghdad, there was an eruption of celebration, with women dancing and singing.

The shoe-throwing incident came during a joint news conference between Bush and Maliki.

As he threw the shoes, Zaidi shouted: “This is a goodbye kiss from the Iraqi people, dog.

“This is from the widows, the orphans and those who were killed in Iraq.”

In an interview afterwards, Bush insisted he did not harbour any ill feeling about it.

“It was amusing - I’ve seen a lot of weird things during my presidency, and this may rank up there as one of the weirdest,” he said.

Meanwhile, President Pakistan Jurists Association Mian Muhibullah Kakakhel Senior Advocate, Supreme Court of Pakistan has welcomed the release of Muntazer al-Zaidi and invited him to visit to Pakistan where people at large want to see him.


http://www.sananews.com.pk/english/2009/09/16/iraqi-show-thrower-released-says-%E2%80%98was-tortured%E2%80%99/

+ PHC frees militant from Khyber Agency

PESHAWAR: Peshawar High Court Tuesday issued orders regarding the release of a militant hailing from Khyber Agency’s tehsil Landi Kotal.

PHC’s divisional bench consisting of Justice Ijaz Afzal and Justice Abdul Aziz Kundi issued orders to release militant Murad Ali.

Murad Ali’s Counsel Mian Mohibullah Kakakhel said in arguments that Murad Ali was arrested nine months ago and was shifted to Central Jail Peshawar under FCR Law with no case registered against him by then.

He further said after a writ was filed for his release on September 1, cases against him were registered, which is wholly illogical and unwarranted.

It merits mentioning here militant Murad Ali was arrested on January 14 from Landi Kotal.

Political Administration registered against him the case for preparing suicide vests, forcefully snatching away containers and involvement in anti-state activities.



http://www.geo.tv/9-15-2009/49249.htm

+ Women lawyers demand basic facilities

PESHAWAR: Women lawyers and litigants in the NWFP have expressed concern over gender discrimination in the judicial system and demanded federal and provincial governments provide them basic facilities in courts.

“There are no separate toilets, water coolers and shelters for women litigants in lower and districts courts and the Peshawar High Court (PHC). The government can provide these facilities under the ‘Access to Justice Programme’ of the Asian Development Bank,” women lawyers told Daily Times on Wednesday.

Under the programme the PHC has approved worth Rs 1,400 million 19 projects. Out of them eight projects have been completed, one abandoned and 10 projects are under way but there is no project to provide basic facilities to women lawyers.

Advocate Tehmina Mohibullah, the Pakistan Jurists Association vice president, said that on the one side the judiciary had given the benefit of tradition to accused in some cases, while on the other hand it had ignored basic facilities for women. She said separate toilets, washrooms and shelters for women even existed in non-Muslim countries, but in Pakistan being a Muslim state such facilities were not available.

Opposing male judges in family courts, she said women litigants did not feel comfortable in front of a male judge and would not openly discuss their problems. She condemned the attitude of senior lawyers towards young women graduates. She said because of their harsh treatment and lack of support only a few women could get licenses. Advocate Neelam A Khan said there was no library for them where they could study their cases comfortably. She demanded the provincial and central governments provide them a separate library. She demanded equal opportunities for women in appointments of judges in lower, sessions, higher and apex courts.

Advocate Mussarat Hilali, the Human Rights Commission of Pakistan (HRCP) member, said that women lawyers time and again demanded the PHC chief justice provide them basic rights under the ADB sponsored programme and involve them in the programme to address litigants’ problems. She said that despite their repeated demands, they had not received any response from the chief justice. She said in family courts appointment of female judges was necessary because women who had filed their cases of khula and divorce could not openly explain their problems to male judges. She said women judges should not be restricted only to female cases but be given a chance in civil cases and other matters to maintain their higher positions in the country’s judicial system, she added.



http://www.dailytimes.com.pk/default.asp?page=2006%5C02%5C09%5Cstory_9-2-2006_pg7_33

+ MPAs challenge ‘fake’ resignations

PESHAWAR: Four members of the provincial assembly (MPAs) of NWFP, who were expelled from the Jamiat Ulema-e-Islam-Fazl (JUI-F) for violating party discipline during the senate elections have challenged their resignations from parliament issued by the NWFP assembly speaker at the Peshawar High Court.

Maulana Dildar Ahmed, Gor Saran Lal, Rukhsana Raz and Yasmeen Khalid submitted their petitions on Tuesday, through Advocate Muhibullah Kakakhel at the PHC, wherein they made the NWFP assembly speaker, provincial assembly secretary, the chief election commissioner of Pakistan, the NWFP election commissioner and the secretary of Election Commission of Pakistan respondents.

In their petitions, they stated that the resignations issued from the NWFP assembly secretariat were fake and were not in accordance with Article 64 of the constitution because they were not in the handwriting of the petitioners. The issued resignations were neither signed nor handed over by them to the speaker themselves, the expelled MPAs stated in their petitions. The issued resignations, they claimed, were also against Article 50 of the NWFP assembly’s Procedure and Conduct of Business Rules 1988 in which a procedure was stated for rendering and acceptance of resignations of MPAs. Thus, the impugned resignations and notification of March 25 were a fraud with the petitioners and the constitution, they stated.

The petitioners said that it was an established norm that a resignation had to be voluntary, genuine and intended to vacate the seat. It must be a voluntary act by the person submitted with the intentions to relinquish, relieve or quit. The petitioners claimed that the probe committee, after recording their statements, asked them to write their names on a blank paper at the bottom so that the grievances of each member could be written over their names and sent to the chief minister.

The Supreme Court of Pakistan had also ruled that resignations obtained by any person, politically or officially in authority, and not from the members and delivered to a third party could not be justified by any principle of law, morality or ethics, they said in their petitions. They said that party chief Maulana Fazlur Rehman and JUI-F secretary, Maulana Gul Naseeb, after the elections, stated on the record that all the 39 JUI-F MPAs voted in favour of the MMA panel in the Senate elections and none of the votes was sold out.

+ Member Provincial Assembly bringing her child to the Provincial Assembly

20 Dec,2008

Geo News


http://www.geo.tv/12-20-2008/u51957.htm

+ Court admits pleas of former MPAs: Controversial resignations

PESHAWAR, April 26: The Peshawar High Court on Wednesday admitted writ petitions of four former MPAs of the Muttahida Majlis-i-Amal challenging contentions about their resignations and their acceptance by the NWFP Assembly speaker.

A two-member bench, comprising Chief Justice Tariq Pervez Khan and Justice Raj Mohammad Khan, extended the interim relief earlier granted to two of the petitioners, Maulana Dildar Ahmad and Gorsaran Lal, and restrained the respondents, including the chief election commissioner, from taking any action against them.

The bench, however, declined to grant any interim relief to the other two petitioners, Rukhsana Raz and Yasmeen Khalid, as the CEC had notified two other women as MPAs on the two seats fallen vacant after the resignations.

While admitting the petitions, the PHC bench observed that the points raised by the petitioners needed to be worked out.

The petitioners’ counsels stated that the comments filed by the respondents did not indicate that the speaker had not inquired into the matter as per rules.

Advocate Yahya Afridi appeared for Maulana Dildar whereas Mian Muhibullah Kakakhel represented three other petitioners.

Mr Kakakhel argued that the speaker had to verify the resignations of an MPA before declaring his seat vacant.

He referred to article 64 read with article 127 of the constitution stating that the resignation tendered by an assembly member should be in his/her handwriting carrying his/her signature.

Justice Pervez inquired whether question of facts was not involved in the petitions as the speaker in his comments had stated that the resignations carried the MPAs’ signatures and he had verified the same with the assembly record.

Mr Kakakhel stated: “In various judgments of superior courts, it was ruled that the speaker should satisfy himself about genuineness of the resignation and has to confirm that it has been submitted by the member voluntarily and not under duress.”

He cited a judgment of the Peshawar High Court delivered in 1992 in the cases of two MPAs, Munawar Khan and Rehmatullah Khan, who were expelled from the Awami National Party and their resignations were accepted by the speaker.

The high court had set aside the notifications of declaring their seats vacant in that case and observed that resignation should be submitted voluntarily.

Mr Kakakhel argued that the case of the present petitioners was identical to that case as the MPAs had stated that they had never submitted resignations.

The bench asked him how it was identical as in the 1992 case, the speaker had clearly stated that the resignations were delivered not by the two MPAs in person but by ANP leaders Fareed Toofan and Abdul Raziq Khan whereas in present case the speaker had not confirmed that the resignations were not personally submitted by the petitioners.

The counsel stated that in the 1991 case, the high court had restored the membership of the ANP MPAs. “Our case is on stronger footings as the four petitioners have never confirmed submitting their resignations,” he added.


http://www.dawn.com/2006/04/27/nat4.htm

+ Mahtab Khan's detention challenged in Peshawar High Court

PESHAWAR: Former NWFP chief minister Mahtab Ahmed Khan's detention was on Tuesday challenged in Peshawar High Court (PHC) through a writ petition.

Sardar Ishtiaq, brother of the deposed chief minister of the Frontier province, moved the PHC to seek the court's ruling on Mahtab's arrest by the National Accountability Bureau in connection with "corruption charges."

The petitioner stated that his brother was detained for the last 10 days. "His detention is violative of the Constitution," it said.

The petition also claimed that the NAB Ordinance was in conflict with the Article 8 of the Constitution. Ishtiaq prayed the court that his brother be freed.

He alleged that there was no charge against Mahtab "Despite the passage of 10 days, the authorities failed to bring any charge against him."

The petitioner contended that no FIR was lodged against the deposed chief minister and that he was "kept at a police station. Because of strict security measures, nobody including his counsel, as allowed to meet Mahtab, which is violation of the Constitution." Advocate Mian Muhibullah Kakakhel filed the petition on behalf of Sardar Ishtiaq.