PHC asks Swabi DC to withdraw orders for Asad Qaiser’s detention – Pakistan

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PESHAWAR: The Peshawar High Court on Tuesday directed the deputy commissioner of Swabi district to withdraw his orders issued underneath the Maintenance of Public Order Ordinance for detaining former National Assembly speaker and PTI chief Asad Qaiser and warned that non-compliance would lead to motion.

A bench consisting of Chief Justice Mohammad Ibrahim Khan and Justice Ishtiaq Ibrahim directed provincial advocate basic Aamir Javed to convey its orders and warning to the DC.

It puzzled how the detainee (Mr Qaiser) may grow to be a risk to public order when he was in jail in reference to a case registered in opposition to him.

The bench noticed that on the face of it, the DC had issued an unlawful order.

Warns official of motion over non-compliance

It warned that if the deputy commissioners continued to situation such arbitrary orders underneath the MPO Ordinance, it might be left with no possibility however to impose fines on them.

The AG stated the DC had submitted his feedback on the matter insisting that the district coordination intelligence committee, in its assembly on Dec 8, advisable orders for the detention of the previous NA speaker for “planning to collect individuals and create a regulation and order scenario after his launch from jail.”

Syed Sikandar Hayat Shah, the counsel for the petitioner, contended that his consumer had been re-arrested 5 instances.

He added that he was granted bail final time on Dec 9 by a Mardan court docket in a case concerning the May 9 protests within the district.

The lawyer, nonetheless, stated Mr Qaiser was re-arrested by the police because the DC issued detention orders for him underneath the MPO on Dec 8.

He stated the excessive court docket, over a petition of Mr Qaiser looking for particulars of the instances pending in opposition to him, ordered the federal government on Dec 7 not to act in opposition to him and another PTI leaders in all instances registered in opposition to them till Nov 29.

Mr Shah, nonetheless, stated that to frustrate the court docket’s orders, DC Tariqullah ordered the detention of Mr Qaiser for 30 days.

Also, the bench stopped the federal government and its regulation-enforcement companies from taking any “hostile” motion till additional orders in opposition to PTI central vice-president Sher Afzal Khan Marwat, provincial basic secretary Ali Asghar Khan, former provincial minister Taimoor Saleem Jhagra, former lawmakers Anwar Taj, Gul Dad Khan, Liaqat Ali, Fazal Hakeem, Mian Sharafat Hussain, Swat mayor Shahid Ali Khan and another social gathering leaders.

Besides a number of attorneys of Insaf Lawyers Forum, who represented the petitioners, AG Aamir Javed and extra advocates basic Danyal Chamkani and Jalaluddin Akber Gara appeared for the provincial authorities, further lawyer basic Sanaullah Khan for the federal authorities and particular prosecutor Mohammad Ali for the National Accountability Bureau (NAB).

About Mr Marwat, who has filed round eight petitions looking for the quashing of instances registered in opposition to him in numerous districts in addition to particulars of different instances in opposition to him, AAG Chamkani stated the PTI chief held a staff’ conference with out looking for permission of the district administration.

He added that whereas the excessive court docket had ordered Kohat’s district administration to resolve the PTI’s software for holding a staff conference inside three days, the social gathering didn’t wait for a call on the appliance and went forward with the conference plans.

When the bench inquired in regards to the absence of Mr Marwat from the listening to, his counsel, Nauroz Khan, stated the PTI chief was detained in Lahore underneath the MPO and was freed on Monday night time however couldn’t attain Peshawar.

The AG objected that the aid couldn’t be offered to the petitioner in his absence. However, the bench noticed that underneath its constitutional jurisdiction, it may prolong aid to a petitioner in his absence.

It directed him to make sure the presence of his consumer earlier than it by Dec 26.

Similarly, lawyer Ali Gohar Durrani appeared for Mr Jhagra and stated his consumer needed to have particulars of the instances in opposition to him in order that he may strategy the related courts.

He added that earlier, the NAB knowledgeable that there was no inquiry pending in opposition to him however regardless of that, a name-up discover was issued to him.

“The police have been conducting raids on my consumer’s residence with out justification. We apprehend that he can be arrested in a case not made public hitherto,” he stated.

The bench directed the federal government to produce particulars of instances registered in opposition to different petitioners.

Published in Dawn, December twentieth, 2023

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