PESHAWAR, Sept 2: A former PML-N MNA, Jawed Ibraheem Paracha, on Thursday withdrew his writ petition in the Peshawar High Court with the permission to file a fresh petition if necessary.
A two-member bench, comprising Justice Tariq Pervez and Justice Ijazul Hassan, observed that the petitioner, who had requested the court to restrain the government from depriving him of his liberty, was not an aggrieved person in terms of Article 199 of the Constitution.
The bench observed that a petition seeking pre-arrest bail by the ex-MNA was already pending before the court and in its presence there was no need of the instant petition. The court further observed that the petition was filed merely on the basis of apprehensions and the cause of action had yet to arise.
Justice Tariq observed that under Article 199 only an aggrieved person could file a writ petition and in the present case the petitioner was not an aggrieved person. The petitioner's counsel, Qazi Mohammad Anwer, contended that two federal ministers had stated that the petitioner had links with militants. He said the petitioner was an aggrieved person as he could be deprived of his liberty.
Justice Tariq Pervez pointed out that the petitioner had been moving freely and attending court proceedings. The bench observed that he could file another constitutional petition when the need arose.
Mr Paracha had filed the petition on the grounds that federal ministers Faisal Saleh Hayat and Sheikh Rasheed Ahmad had accused him of having links with militants. The petitioner had requested the court to enforce his fundamental rights guaranteed under Article 9 of the Constitution, to the effect that respondents be restrained from depriving him of his liberty unless and until the respondents produced material before the high court justifying his arrest/detention.
Respondents in the petition were Federation of Pakistan through interior secretary, NWFP government through secretary home and tribal affairs, NWFP Inspector-General of Police and Inspector-General of Police, Capital Territory, Islamabad.
