Contempt notices issued over delay in top KMU appointment

PESHAWAR: A Peshawar High Court bench on Tuesday issued contempt notices to the higher education secretary and acting vice-chancellor of the Khyber Medical University over delay in the appointment of the university’s permanent VC.

Justice Mussarat Hilali and Justice Abdul Shakoor Khan asked the secretary of the higher education department and acting KMU VC to explain on the next date why proceedings under the contempt of court law should not be initiated against them.

The bench was hearing a contempt petition filed by Prof Ziaul Islam, who insisted that in Mar 2018, the court had accepted his petition by declaring the appointment of Prof Arshad Javaid as the KMU VC illegal and asked the government to reinitiate the appointment process but the order had yet to be implemented.

On Mar 8, a high court bench had declared illegal the last year appointment of Prof Arshad Javaid as the KMU VC by the KP government and directed the relevant academic search committee to recommend three most suitable candidates afresh for the post.

The court had partially allowed a petition filed by Prof Ziaul Islam, who had challenged the non-inclusion of his name among the shortlisted candidates for the post by the academic search committee.

While setting aside the July 13, 2017, notification of the appointment of Prof Arshad Javaid as the KMU VC, the bench ordered Dr Arshad to act as an acting VC until the appointment of permanent VC in line with Section 12 (1) of the Khyber Pakhtunkhwa Universities Act, 2012.

It had ordered the academic search committee to consider all eligible candidates denovo on merit with proper application of mind and recommend three most suitable candidates in accordance with formula of evaluation devised by the ASC.

The court had ordered the convener of the ASC to ensure presence of all members of committee in the meeting.

Mian Muhibullah Kakakhel, lawyer for the petitioner, said acting VC Dr Arshad had been using his influence to delay the appointment of the VC.

He said an advertisement was published in newspapers for filling the post of KMU VC in Nov 2016 prompting his client to apply for being ‘fully qualified’ for it.

The lawyer said despite being more qualified than other candidates, his client was not shortlisted and therefore, he had filed the petition.

He said over seven months had passed but the respondents, including the higher education secretary had not been implementing the court’s order.

Published in Dawn, October 24th, 2018



Pakistani Company scammed a US based Multi national company.

A Peshwari local corporation defrauded a multi national company namely Venditio Group LLC, in a deal made for salt lamps with UL certified bulb and cords. UL LLC is one of several companies approved to perform safety testing by the U.S. Federal Agency Occupational Safety and Health Administration (OSHA).

The goods worth $35,000 dollars were seized by US Customs and Border Protection for having counterfeit stamps of UL LLC on the bulb and cords.

The certification sent to support the claim of the exported items were also found to be fake.

The US based company sued the local corporation in Civil Court, Peshawar for recovery, bringing bad name to them and damaging their reputation. The US Company hired services of Kakakhel Law Associates to file a recovery suit of $35,000 USD as well as damages of $10,000 USD, $5,000 for litigation charges and 15000 PKR for the purpose of court fee.
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Dissolution of KP Ehtesab Commission & pendancy of Investigations: Stay granted against sending of investigation to other agency by PHC

Justice Musarat Hilali & Justice Abdul Shakoor granted stay order to Excise & Taxation Officer, Peshawar against sending of investigation to other agency by Ehtesab Commission.

Mian Muhibullah Kakakhel Senior Advocate Supremw Court argued that investigation started against him on an anonymous complaint and he was harrassed by KPEC for more than 1 and half year.

Allegations against him were that he had assets beyond his means but in the investigation it was held that his assets are justified and correct but to further torture him, DG passed an order by keeping the investigation pendit.

He further argued that his client is from a well off family and never indulged himself in any corruption or corrupt practices.

He cited a recent judgment in which the KPEC Act 2016 was declared to be intra vires the constitution and provinces were given powers to make criminal law & procedure under 18th amendment.

The court was informed that KPEC is still arresting people and are submitting references in court then why investigation cannot be closed against the petitioner.

The court called for comments from respondents & granted stay order to the petitioner that his investigation shall not be sent to any other agency.
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Minor released on bail in a narcotics case.

Peshawar High Court released on bail, a 14 years old accused in a Narcotics case. The accused Muhammad Abbas was charged in a Narcotics case and was allegedly transporting 3 kg heroin from Peshawar to Charsadda.

Muhammad Abbas son of Israrruddin was only front seater, however, Ameen Jan son of Faiz ur Rehman was driving the vehicle. Both the accused were arrested by the police in the jurisdiction of police station city, district Charsadda near Sardaryab check post.

Mian Muhibullah Kakakhel, Senior Advocate Supreme Court of Pakistan represented the minor and argued that the petitioner is a minor and no recovery of narcotics whatsoever was effected from the personal possession of the accused. He was simply a passenger and he had no conscious knowledge of the narcotics in the secret cavity of the vehicle.

The counsel further stated that a young boy of 13/14 has no knowledge of narcotics substances and illegal smuggling. He cited recent judgements of Supreme Court in which the dicta was laid down that its the driver who has the conscious knowledge of narcotics substances in the secret cavities of car and not the passenger.

The court of Justice Ishtiaq Ibrahim granted bail to Muhammad Abbas after arguments of the counsel at length.
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پشاور۔ کم سن سمگلنگ ملزم ضمانت
پشاور ہائی کورٹ میں کم سن سمگلنگ ملزم محمد عباس کیس سماعت
پشاور۔ سماعت جسٹس اشتیاق ابراہیم نے کی
پشاور۔ عدالت نے ملزم کی ضمانت کا حکمنامہ جاری کردیا
پشاور۔ ملزم کے وکیل محب اللہ کاکا خیل نے دلائل میں کہا کہ ملزم عباس خان چودہ سال کا ہے
پشاور۔ ملزم ٹیکسی میں سواری کے طور پہ بیٹھا تھا
پشاور۔ ملزم سمگلنگ میں ملوث نہیں وکیل کے دلائل
پشاور۔ عدالت نے ملزم کو الزام ثابت نہ ہونے پر ضمانت پہ رہا کرنے کا حکم دے دیا
پشاور۔ چودہ سالہ عباس خان پہ تین کلوگرام ہیروئن پشاور سے چارسدہ سمگل کرنے کا الزام تھا
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پشاور:پشاور ہائی کورٹ نے توہین عدالت کیس میں سیکرٹری ہائی ایجوکیشن اور وی سی کے ایم یو کو شوکاز نوٹس جاری کردیا ۔

پشاور:توہین عدالت کیس کی سماعت جسٹس مسرت ہلالی اورجسٹس عبدالشکور نے کی ۔

پشاور:عدالت نے ایک فیصلے میں خیبر میڈیکل یونیورسٹی کے وائس چانسلر کے تعیناتی کےلئے کمیٹی کے قیام کی ہدایت کی تھی-

پشاور:عدالت نے نئے وائس چانسلر کے تعیناتی تک قائمقام وی سی کام جاری رکھنے کا حکم دیا تھا ۔
پشاور:خیبر میڈیکل یونیورسٹی کے وائس چانسلر کی تعیناتی ابھی تک عمل نہیں لائی گئی ۔

پشاور:میاں محب اللہ کاکا خیل کے ذریعے پروفیسر ضیاءالسلام نے فیصلے پر عمل درآمد نہ کرنے کے حوالے سے توہین عدالت کا کیس دائر کیا ہے ۔

پشاور:قائمقام وائس چانسلر کمیٹی کے کام پر اثر انداز ہو رہے ہیں ۔درخواست میں موقف

پشاور:تاخیری ہربوں کے ذریعے قائمقام وائس چانسلر اپنی مدت ملازمت پورا کرنا چاہتا جو عدالتی فیصلے کے خلاف ورزی ہے ۔درخواست میں موقف
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