PESHAWAR: The Peshawar High Court on Tuesday issued notice to the provincial advocate general for explanation on around 23 petitions of former ministers and government officials against their respective arrests by the Khyber Pakhtunkhwa Ehtesab Commissioner on different grounds, including certain lacunas in the KPEC Act 2014.

A bench consisting of Chief Justice Mazhar Alam Miankhel and Justice Mussarat Hilali adjourned the hearing into the petitions until Nov 10 observing the advocate general should appear before it in person as it is necessary to hear him as several petitioners had challenged different provisions of the KPEC Act.

Three of the petitioners, including former minister and MPA Ziaullah Afridi, then director general of mines and mineral development department Dr Liaquat Ali and provincial industries secretary Sajid Jadoon, have been behind bars, while the rest have been free on interim bail by the court.

Noted among other petitioners are former minister and PPP leader Liaquat Shabab; district coordination officer of Kohat Noor Daraz Khattak, who is also father of PTI’s MPA Gul Sahab Khan; additional secretary finance Imtiaz Ayub; chief child protection officer Dr Murad; housing officer of Kohat Development Authority Attaullah Jan, and owner of Iqra National University Obaidur Rehman. They were arrested by the commission on different charges, including misuse of authority and corrupt practices.

Several lawyers appeared for different petitions including Lateef Afridi, Barrister Mudassir Ameer, Ameenur Rehman, Qazi Jawad Ahsanullah, Aamir Jawed, Syed Arshid Ali, Sardar Ali Raza, Fida Gul and Ayaz Khan.

Initially, some petitioners had challenged the KPEC Act claiming it was in conflict with some other laws including the National Accountability Ordinance 1999.

Several petitioners were granted interim bail on the ground that they were sent to judicial lock-up by the Ehtesab judge as there was no provision of judicial custody in the law.

Similarly, the petitioners had claimed that the lawmakers had forgotten to mention that the Code of Criminal Procedure would be applied to the cases dealt under the KPEC Act.

Subsequently, the provincial government amended the law to enforce applicability of the CrPC to the proceedings under that Act.

Lately, Ziaullah Afridi, Dr Liaquat and Sajid Jadoon challenged a notification of the provincial government issued on Sept 16 for the establishment of the KPEC. They contended as the notification on KPEC establishment was issued on Sept 16, all actions taken by the provincial government and the commission earlier, including arrests made by it, were illegal.

The petitioners contended that the Act provided that the director general should be appointed by the Ehtesab Commission but in the case, the DG was appointed by the provincial government in violation of the law.

The high court had earlier denied bail to Ziaullah Afridi on merit on Sept 22 in two cases, wherein he was charged with facilitating illegal extension of a lease of chromites mines in Charssada and facilitating illegal mining of phosphate in Abbottabad.

Published in Dawn, October 28th, 2015

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