Friday, February 13, 2009
by Ghulam Dastageer

PESHAWAR: A senior lawyer Thursday moved the Peshawar High Court (PHC), praying the court to release on bail all the accused whose cases were pending before the courts in Swat and Dir districts where the courts were not functioning.

The petitioner, Mian Mohibullah Kakakhel, also prayed the court to release on probation the convicts who had undergone considerable sentence in jails of these districts. The third plea is to hold courts inside jails in Swat and Dir and dispose of cases of petty nature so the accused therein are released. He requested the court to requisition the record of all the cases pending in these districts courts.

Kakakhel mentioned that due to the deteriorating law and order situation, the human rights in the area had suffered a fatal blow and there was no writ of the government in the areas and that the Constitution of Pakistan was partially in abeyance. He stated that the worst sufferers were the jail inmates who were rotting in confinement without trial and protection of courts as due to Taliban attacks and military operation the prisoners confined in jails of Swat and Dir were not having adequate food, shelter and medical treatment.

The petitioner stated that not only the high court had directed that no trial of accused shall be held before the regular courts in Swat and Dir but also the prime minister had reportedly stated that due to law and order situation, the courts in these area would not be able to resume its proper functions in about 5 years time. The lawyer said the high court was duty-bound to look after the interest of the citizens of the NWFP and their fundamental rights.

He submitted that it would be in the interest of justice that the high court exercise its jurisdiction under relevant sections of Criminal Procedure Code (CrPC) and relevant articles of the Constitution to requisition the record of all the courts in these areas and release the accused on bail, on probation and on their personal bonds or acquit them as the case may be.




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