Peshawar High Court On Friday, the Pashtun Protection Movement (PTM) said with reference to the ‘national jirga’ scheduled in Khyber district that ‘let the jirga be held then we will see what they do.’
A two-member bench comprising Justice Syed Arshad Ali and Justice Waqar Ahmed of the Peshawar High Court heard the petition filed against the ‘Qumi Jirga’ on Friday.
Khatriullah, a resident of Khyber district, has filed a petition in the Peshawar High Court against the ‘National Jirga’ of PTM, requesting to stop the Jirga.
The position of the petitioner is that after the formation of Pakistan, there are courts in the country and courts have also been established in the annexed districts.
“PTM wants to promote racism and establish a parallel court in the name of ‘Pashtun National Court’ in Khyber district, for which invitations have also been issued.”
According to the petitioner, ‘since the Jirga and Panchayat decisions are based on inhumane punishments, the court should stay the October 11 Jirga of PTM.’
During the hearing of the same case, the petitioner’s lawyer Daniyal Chamkani told the court that if there are already courts, then the Pashtun National Jirga is illegal.
On this, Justice Syed Arshad Ali inquired that who has built the courts? On which the petitioner’s lawyer said that ‘It Manzoor Pashteen have made.’
Justice Arshad Ali said that ‘An application has also come from him (Manzoor Pashteen) yesterday, this also needs to be looked into and the government should submit a response in this regard.’
The court said in this regard that ‘Let them (Jirga), then let us see what they do.’
After that, the court adjourned the hearing after seeking a response from the federal and provincial governments.
On the other hand, a petition was filed by Zahidullah, a resident of Khyber district, against the firing and shelling at the venue of the PTM jirga, requesting the police and the government to hold a jirga for peaceful workers.
The petitioner has taken the stand that in Khyber district, the citizens of Pakistan were fired upon and shelled at a peaceful Jirga, due to which the public also faced difficulties.
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According to the petitioner: ‘The constitution of Pakistan has given freedom of expression to every citizen to make demands from the government, hold rally and express opinion, but we are not allowed to do this.’
In this case, Chief Secretary Khyber Pakhtunkhwa Nadeem Aslam Chaudhry, Secretary Home and Tribal Affairs Abid Majeed, Peshawar Police Chief, petitioner’s lawyer Ali Azim Afridi and Advocate General Shah Faisal Atmankhil appeared in the court.
The case was heard by Justice Syed Arshad Ali and Justice Waqar Ahmed and during the hearing the court asked the Chief Secretary that do you know why you have been called here?
On this, the Chief Secretary said that it has been stated in the petition that the federal government has written a letter which has worsened the law and order situation. On which the court inquired that ‘did the law and order situation deteriorate due to your action?’
The chief secretary replied that if someone wants to hold a meeting or protest, first permission is taken for it, but he has not taken any permission.
Justice Syed Arshad Ali while remarking that whether the provincial government has given any orders in this regard, to which the Chief Secretary said, ‘If any illegal work is being done, then permission is not required for it, but the police should take action. Can.’
On this, Justice Syed Arshad Ali said that there are some allegations in the petition that it is a party and wants to hold a gathering and they are being shilled and people are facing difficulties.
Advocate General Shah Faisal said that the provincial government has not asked for shilling on the peaceful Jirga.
On which Justice Syed Arshad Ali inquired that ‘You said yesterday that the law enforcement agencies have taken action on the orders of the federal government.’
The Advocate General said that ‘talked to the Chief Minister yesterday and he said that verbal orders have been issued.’
Justice Syed Arshad Ali replied that verbal orders have no status.
Secretary Home Abid Majeed told the court that ‘it has been confirmed from the CCPO that no action has been taken in Khyber, but where people are sitting, it is within the limits of Peshawar where action has been taken.’
Secretary Home said that ‘where the jirga is being held, another dharna is also going on for the last one month. who have blocked the road and we have told the police not to say anything to the protestors and just vacate the road and sit somewhere else.’
On this, the court asked to submit written answers in this regard.
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2024-10-06 18:03:06
