PESHAWAR, Jan 24: Taking exception to some legal discrepancies in an order of a Qazi court, a two-member bench of the Peshawar High Court observed on Thursday that before issuance of such orders the subordinate judicial officers should keep in mind the integrity of the institution.

The bench, comprising Justice Tariq Pervaiz and Justice Abdur Rauf Laghmani, cancelled bail allowed by the Qazi court to two persons accused of murder.

The bench observed that justice should not only be done, it should also be seen to be done. Soon after the order was announced, the accused, Baccha Khan and Rezi Khan, were arrested in the court room.

The court observed that first the concerned Zila Qazi (district and sessions judge) of Timergarah dismissed the bail application of the accused, but allowed them bail after one month on the same grounds, which showed that the judicial officer had considerations other than merit in the said case.

The bail cancellation application was filed by Nar Zaman, father of the deceased Pervaiz Khan.

He had claimed that they were in their fields when the accused came there and fired at them which resulted in the death of his son. The applicant claimed that on June 15, 2001, the Zila Qazi, Amir Gulab Khan, dismissed the bail application of the accused.

The applicant added that a challan of the case was put in the court and the accused again applied for bail.

He further said that they were granted bail by the court despite the fact that nothing new was submitted before the court.

Advocate Qayyum Sarwar appeared for the applicant and argued that the accused were directly charged in the case. The motive behind the murder was clear as both the parties had blood feud, he added.

Deputy Advocate-General Tariq Pervaiz supported the contention of the applicant and said that no fresh ground was available for allowing bail to the two accused.