PESHAWAR: Issuing a stay order, the Peshawar High Court on Thursday stopped the provincial police from acting against two relatives of former Supreme Court judge Ejaz Afzal Khan over an attack case registered on the complaint of PML-N MNA from Mansehra Sajjad Ahmad Awan.

A bench consisting of Justice Abdul Shakoor Khan and Justice Syed M Attique Shah issued notices to the MNA and provincial government seeking their comments on a petition filed by Sajjad Afzal Khan and Saif Ali Khan, who are retired Justice Ejaz’s brother and son,respectively.

The two petitioners have requested the high court to order quashing of the impugned FIR and the order of the standing committee asking the police to register the case on complaint of the MNA Sajjad Ahmad Awan, who is brother of PML-N leader retired Captain Mohammad Safdar.

The complainant has alleged that the petitioners had attacked him on Apr 13, 2021.

Initially, the police didn’t register the FIR following which the MNA had taken the issue to the standing committee claiming that his privilege was breached. The committee had ordered the police to register the case.

Seeks comments of govt, PML-N MNA on matter

Shad Mohammad Khan and Junaid Anwar, lawyers for the petitioners, contended that the direction issued by the standing committee for registration of the case was patently illegal and without jurisdiction when the Rules of Procedure and Conduct of Business in National assembly clearly debar it from interfering with the matter where law had fully provided for settlement by enacting Section 22-A(6) of the Code of Criminal procedure.

They said the father of MNA Sajjad Ahmad and Mohammad Safdar, Mohammad Ishaque, had purchased a share of 10 kanals out of a joint property comprised in khasra No. 1998 measuring 164 kanals and 16 marlas in village Dara Tehsil and district Mansehra on Jun 30, 1997.

The counsel said Mohammad Ishaq had gifted a share of 10 kanals to Mohammad Safdar on Jun 14, 1999.

They alleged that on Apr 11, 2021, retired Captain Mohammad Safdar, his brothers and their armed companions entered the said joint property, bulldozed it, uprooted the trees standing thereon, raised a three-feet high wall and thereby tried to grab the most valuable part of the property lying on its front.

The lawyers said Sheharyar Danish, who along with his mother, brother of mother of Saif Ali Khan, were owners to the property to the extent of more than 85 kanals, reported the incident to the Police Station City Mansehra, but the police being in league with the MNA and his brothers took no action against them.

They claimed that being annoyed over the incident the petitioners visited the scene of occurrence on April 13, 2021, but to their surprise their visit was given a ‘criminal colour’ by the MNA in an application moved before the Mansehra DPO on April 14.

The counsel insisted that despite political pressure, the police did not register the FIR as the claim of the MNA was doubted because of varying narratives of the MNA and the watchman.

They added that the MNA raised the matter in parliament and the National Assembly’s standing committee.

The lawyers claimed that the case had been made cognizable with the addition of section 337(H) of the Pakistan Penal Code (causes hurt by rash or negligent act).

They argued that the very report forming basis of the FIR was false and fabricated on the face of it.

The counsel said the whole case was a smokescreen created by the MNA and his brothers to hide their act of illegal occupying the entire front of the said joint property.

Published in Dawn, August 13th, 2021