PESHAWAR: The Peshawar High Court on Tuesday directed the Khyber Pakhtunkhwa government to respond to a petition seeking the formation of a high-powered joint investigation team on the May 9-10 incidents of violence in the province, the killing of ‘innocent’ PTI workers, and related issues.

A bench consisting of Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah issued the directions after holding preliminary hearing into the petition of Insaf Lawyers Forum provincial organiser Qazi Mohammad Anwar, who sought orders for the formation of a JIT consisting of retired senior police and intelligence officers, and forensic experts under the supervision of a sitting high court judge.

The petitioner said the JIT should conduct an independent forensic investigation into the May 9-10 violent protests to “fix responsibility and unearth the hidden hands” behind the destruction of government properties, including Radio Pakistan Peshawar, Chaghi monument, and properties in Swat, Mardan and Swabi.

He also called for the JIT probe into the “killing of innocent PTI protesters, inhuman treatment with party workers and leaders, excessive use of force by police against the protesters, smashing of household items during police crackdowns, and human rights violation against the innocent protesters.”

Order issued after initial hearing into petition of Insaf Lawyers Forum

The bench observed that it would be appropriate to get the response of the provincial government on the matter.

Shah Faisal Uthmankhel, lawyer for the petitioner, said the PTI was the country’s largest political party, which believed in peaceful political struggle, including rallies and marches, for the rule of law.

He said after the arrest of PTI chief Imran Khan on May 9, the party’s workers and leaders began peaceful protests but “some miscreants managed by hidden hands entered those rallies and damaged public property to fulfil their nefarious designs.”

The counsel said the police, on the instruction of the provincial administration, cracked down on PTI activists by registering fabricated cases and torturing them, the worst kind of human rights violation in the country’s history.

He claimed that the provincial administration issued blank detention orders and as soon as the PTI workers and leaders were arrested, their names were filled in those order forms under the Maintenance of Public Order Ordinance.

PETITION WITHDRAWN: A petition against the inclusion of the provisions of the Pakistan Army Act, 1952, and Official Secrets Act, 1923, in an FIR registered in Mardan district was withdrawn by a group of detainees with the permission of the high court to file a new plea for the inclusion of the defence and interior ministries as respondents in it.

The bench while disposing of the petition observed that the petitioners could file a new petition on the matter.

The petition was filed by Gul Raj and 27 other people, who were arrested for protesting outside and firing at army centres, and vandalising the statues of war heroes.

They had jointly sought the court’s orders for the government to remove Section 59 of the Army Act and Section 3 of the Official Secrets Act from the FIR registered by the Mardan City police station.

The petitioners had requested the court to declare that the inclusion of provisions of the Army Act and the Official Secrets Act amounted to double jeopardy against Article 13 of the Constitution read with Section 403 of the Code of Criminal Procedure.

Advocate Shah Faisal Uthmankhel appeared for the petitioners, whereas the provincial government was represented by the advocate general Aamir Javed and additional advocate general Danyal Asad Chamkani.

When the bench took up for hearing the matter, Justice Ishtiaq Ibrahim observed that the ministries of defence and interior were necessary parties to the matter, but they weren’t made respondents.

Mr Uthmankhel sought the court’s permission to withdraw the petition to file a fresh one after including the necessary parties in it.

Published in Dawn, June 14th, 2023