PESHAWAR, Oct 16: A two-member bench of the Peshawar High Court put the NWFP advocate-general on notice on Wednesday in a writ petition challenging the withdrawal of an FIR by the provincial government against 23 leaders and activists of the Muttahida Majlis-i-Amal.

The 23 MMA members were charged with damaging and setting to fire an office of the Women and Child Development Organization, an NGO, at Ghanjai village of Tehsil Takhtbhai.

The petition is filed by the general secretary of the organisation, Ms Zakia Rehman, saying that the provincial government had no powers to withdraw an FIR against persons who had damaged and destroyed her property.

She has requested the court to declare the provincial government’s order illegal and direct the concerned police to proceed with the case under the law.

The bench, comprising Justice Tariq Pervez and Justice Fazalur Rehman Khan, observed that it would be appropriate to hear the advocate-general in the case.

Advocate Kamran Arif appeared for the petitioner and argued that FIR No. 926 was registered by the police at Takhtbhai police station on Oct 12, 2001, when a mob of religious parties’ activists attacked offices of various NGOs in Takhtbhai after the US attack on Afghanistan.

He contended that the petitioner’s office and house were damaged and then put to fire and her father was beaten. The petitioner, he added, had recorded her statement before the court of the judicial magistrate under section 164 of the CrPC in which she had charged the MMA activists for the offence.

Mr Arif argued that the MMA government had no legal authority to withdraw the FIR against the persons who had damaged properties of various individuals.

The petitioner said a prayer leader of the village and some influentials were against her organisation in the village and the concerned assistant commissioner sealed her office few years back on their pressure.

She further said that her writ petition was accepted by the high court in Sept 2001 and ordered the removal of the seal.

The petitioner claimed that the respondents were against her organisation.

She said as they had played important role in the election campaign of provincial minister Fazal Rabbani and MNA Mohammad Qasim, the cases against them were withdrawn on Dec 3, 2001.