December 4, 2003	Thursday	Shawwal 8, 1424

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PESHAWAR, Dec 3: A two-member bench of the Peshawar High Court on Wednesday disposed of a writ petition filed by an NGO’s general-secretary against the NWFP government’s decision to withdraw an FIR against 23 leaders and activists of Muttahida Majlis-i-Amal.

The bench comprising Justice Tariq Pervez and Justice Ijazul Hassan directed the provincial government to inform the petitioner about fixation of the said case before the court of additional district and sessions judge at Takhtbhai.

The 23 members of the MMA were charged with damaging and setting fire to the office of the NGO — Women and Child Development Organisation — at Ghanjai village of Tehsil Takhtbhai after the US attack on Afghanistan in 2001.

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

The NWFP government in its comments stated that they had taken a decision to withdraw the FIR and for that purpose had filed an application along with the challan of the case before the court concerned of additional district and sessions judge at Takhtbhai. The government informed that the court had yet to take a decision on that application.

The bench observed that the court concerned was fully competent under section 494 of the Criminal Procedure Code to decide whether the case should be withdrawn or not. The bench added that the petitioner could appear before the court concerned and plead her case there. The bench further observed that even if the trial court accepted the withdrawal of the case the petitioner could file a review petition before the high court.

Advocate Kamran Arif appeared for the petitioner and argued that the provincial government had no authority to withdraw the case against the persons who had damaged private property of the petitioner.

The FIR No. 926 was registered by the local police at Takhtbhai police station on Oct 12, 2001, when a mob of religious parties’ activists attacked the offices of various NGOs in Takhtbhai after the US attack on Afghanistan.

The petitioner stated that her office and house was damaged and then put to fire and her father was beaten. She added that the petitioner had recorded her statement before the court of judicial magistrate under section 164 of the Criminal Procedure Code in which she had charged the said activists with the offence.

The petitioner held that a prayer leader of the village and some influentials were against her organization in the village. She claimed that the respondents were against her organization due to which they attacked it.

She alleged that Mr Attaur Rehman and Mr Mohsin, sons of the prayer leader, Maulvi Fazalur Rehman, had played an active role in destroying her office. She claimed that as the respondents were supporters of provincial minister Fazal Rabani, therefore, the government decided to withdraw the case against them.