PESHAWAR: The Peshawar High Court on Tuesday expressed displeasure at PTI chairman Imran Khan’s criticism of its orders for the suspension of the functioning of dispute resolution councils in the province and directed the provincial advocate general to clarify the position of the ruling party’s chief (Imran) on the matter during the next hearing.

A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Mohammad Daud Khan observed that the court had been hearing the issue related to the establishment of DRCs in the province purely on legal grounds and got nothing political in it.

The chief justice observed that while the case had still been pending with the court, in what capacity Imran Khan had commented on its interim order and expressed dismay over it.

The bench adjourned the hearing until June 17 asking advocate general Abdul Lateef Yousafzai to clarify the position of Imran Khan on the matter.

It also ruled that the functioning of DRCs would remain suspended until the next hearing.

The court was hearing a petition of Qaisar Khan against the establishment and functioning of DRCs in the province.

During the last hearing on May 27, the court had suspended the functioning of DRCs on the ground that apparently, the councils in question had been functioning without any legal support.

On May 29, the PTI issued a statement on behalf of Imran Khan expressing dismay over the stay order issued by the PHC against DRCs.

“Imran Khan said the local people in villages were happy with this easy access to justice through dispute resolution committees in local thanas (police stations). For PHC to give a stay order halting the functioning of these committees was undemocratic as PTI was elected on its manifesto promises which it was implementing in KP,” the PTI statement read.

It further read that the PHC stay order would once again deny the poor people the access to easy dispute resolution and justice.

When the bench took up for hearing the case on Tuesday, the advocate general requested the bench to allow him two weeks time for producing relevant documents and written explanation about the formations of the DRCs.

The chief justice drew the attention of the advocate general towards the statement of Imran Khan and observed that the court would decide the matter after considering all the legal points. He observed that the matter would not be decided on political grounds rather it was purely a legal issue.

When the bench inquired from the advocate general whether it should summon Mr Khan the advocate general stated that he may not be summoned and instead he would file explanation on his behalf. The bench directed him to explain his position on next date.

Imtiaz Ahmad, lawyer for the petitioner, said his client, a resident of Hayatabad Township, had a money dispute with another person and that he was put on notice through the police by the DRC set up at West cantonment police station.

He added that when his client did not turn up before the council, he was warned of dire consequences by one of the members and was told that he had to abide by the council’s decision.

Around 50 DRCs have been functioning across the province under a foreign-funded project. Initially, a DRC was established at the Gulbahar police station in Jan 2014.

There are also superior panels in DRCs, which hear the cases already decided by the regular panels but are not acceptable to one or the other party.

Published in Dawn, June 3rd, 2015

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