PESHAWAR, Jan 9: The Peshawar High Court on Monday adjourned hearing in a writ petition challenging the appointment of leader of the opposition Maulana Fazlur Rehman’s brother as project director in the Commissionerate of Afghan Refugees (CAR).

A two-member bench comprising Justice Muhammad Raza Khan and Justice Jehanzeb Raheem fixed Feb 2 for next hearing, observing that no further adjournments would be granted in the case.

The petition has been filed by Major (retd) Fayyaz Durrani, who was replaced as project director (Repatriation), CAR, by Mr Ziaur Rehman, the brother of Maulana Fazl.

The petitioner has stated that the appointment of Mr Zia was made for political considerations.

The bench put off the hearing on the request of Advocate Khusdil Khan, representing Mr Zia. Mr Khan requested the court that he had to appear before another court in a case, therefore the case might be adjourned as he would not be in a position to argue it.

The petitioner’s counsel, Waqar Ahmad Seth, contended that the petition was admitted for full hearing on June 15, 2005, and since then it had been lingering on.

He contended that while admitting the petition the court had not granted interim relief to the petitioner on the ground that the petition would be decided at the earliest.

Mr Seth contended that the respondent, Mr Ziaur Rehman, had been using delaying tactics. He said that on previous dates the hearing had to be adjourned on the request of the respondent’s counsel.

The ministry of State and Frontier Region (SAFRON), which is also respondent in the petition, has already conceded in its comments that the appointment of Mr Zia was against the prescribed rules and regulations. The ministry admitted that it had not given any approval for replacement of the petitioner.

The petitioner has challenged the March 28, 2005, order issued by the NWFP chief secretary whereby Mr Zia was appointed project director (Repatriation), a lucrative post in the commissionerate.

The petitioner stated that the respondent was serving against a post funded by the United Nations High Commissioner for Refugees and he could not be replaced with the order of the chief secretary. He stated that the respondent (Mr Zia) had been serving as assistant engineer in the Pakistan Telecommunication Company Limited (PTCL) and was attached with the NWFP government on deputation.

The petitioner has claimed that a person on deputation cannot be appointed against the post of project director (Repatriation).

He stated that no order was issued regarding the petitioner (Mr Durrani) whether he was removed or transferred or adjusted on any other seat. How can Mr Zia be posted against a seat which has not fallen vacant, the petitioner questioned.