PESHAWAR: A Peshawar High Court bench on Tuesday sought comments from the federal anti-harassment ombudsperson and regional anti-harassment commissioner on a petition of the Nowshera University of Technology’s vice-chancellor challenging proceedings against him over the alleged harassment of a female employee.

Chief Justice Waqar Ahmad Seth and Justice Mohammad Ayub Khan directed the two respondents, including the federal anti-harassment ombudsperson and regional commissioner, to file their respective comments on the matter within a fortnight explaining position.

The bench also issued notices to the respondents on an application filed by the petitioner seeking a stay order against the proceedings against him by the regional commissioner until the final disposal of his petition.

VC insists regional commissioner has no authority to act against him

VC Dr Qamarul Wahab has challenged the proceedings against him by the regional anti-harassment commissioner over a complaint filed by a female employee of the university accusing him of harassing her.

The petitioner said the regional commissioner had no legal authority to initiate proceedings against him.

Darman N. Shafi, lawyer for the petitioner, said the Protection against Harassment of Women at Workplace Act, 2010, provided for the appointment of an ombudsperson at federal level and provincial ombudsperson at provincial level but the provincial government didn’t appoint ombudsperson on provincial level.

He said under the law, mechanism was provided for dealing with the complaints of harassment and there should be an inquiry committee in every institution for inquiring into complaints of harassment.

The counsel said the KP government enacted the Protection against Harassment of Women at the Workplace (Amendment) Act in Feb this year making several changes to the law.

He said there was no mention of the regional commissioner in the federal and provincial laws.

The lawyer said despite not having any jurisdiction under the law, the regional commissioner initiated proceedings against his client and issued him several notices including a contempt of court notice for not following his orders.

He wondered how the commissioner could exercise the powers of the ombudsperson.

He said the universities were provincial subject and the federal ombudsperson and regional commissioner had no authority to look into the complaint against the petitioner.

COMMENTS SOUGHT: The bench sought comments from the federal and KP governments until Nov 14 on a petition filed by a Malakand University student against his detention under the Fata Interim Governance Regulation.

Wali Khan Afridi, lawyer for petitioner Rizwanullah, said his client, a BSc student in the University of Malakand, was taken into custody by the security forces and was sentenced by the assistant political agent of Khar under the erstwhile Frontier Crimes Regulation on Jan 20, 2017.

The counsel stated that the FCR commissioner set aside the conviction but ordered fresh trial in the case.

He added that the FCR was repealed through the FIGR but the high court recently declared the regulation unconstitutional and therefore, no forum was available for the fresh trial.

The lawyer said his client was innocent and therefore, he should be freed.

Published in Dawn, November 7th, 2018