PESHAWAR: A senior lawyer on Tuesday petitioned the Peshawar High Court on behalf of seven former PTI lawmakers to order law-enforcement agencies to provide details of the cases lodged against them and orders issued for their detention.

All those assembly members have gone into hiding to prevent their arrests. They include former MNAs Arbab Aamir Ayub and Arbab Sher Ali Khan, former provincial ministers Taimur Saleem Khan Jhagra and Kamran Khan Bangash, former deputy speaker of the Khyber Pakhtunkhwa Assembly Mahmood Jan Khan and former MPAs Asif Khan and Haji Fazal Ilahi.

Former president of the Peshawar Bar Association Ali Zaman filed the petition on their behalf and requested the court to direct the government and law-enforcement agencies to desist from unlawful raids on the homes and offices of their immediate and extended family members in connection with the May 9-10 violent protests insisting such actions were unwarranted.

He added that the court should declare those guilty of illegal raids should be brought to justice and held liable for their unlawful acts as well as abuse of authority on part of officials concerned, who had looted the houses and properties during illegal raids.

Petitioner requests PHC to stop govt from raiding homes, offices of PTI leaders

The petitioner also sought interim relief requesting the court to stop respondents from conducting any further ‘illegal and unlawful’ raids on the houses of those former lawmakers and declare that they should not be arrested in any case until the disposal of the petition.

The petition is filed through advocate Ali Gohar Durrani.

Mr Zaman provided a background of the May 9-10 protests in the petition and highlighted the removal of the PTI government in the centre in April 2022, dissolution of the Khyber Pakhtunkhwa and Punjab assemblies in Jan 2023, and a long delay in polls in the two provinces.

He said PTI chairman Imran Khan was embroiled in a legal battle with the intent of violating the Elections Act, 2017, and influencing the electoral process and on May, he was arrested from the premises of the Islamabad High Court, which was declared illegal by the apex court.

The petitioner said the arrest ignited a series of countrywide protests led by peaceful PTI supporters demanding the release of their leader Imran Khan.

He, however, said “some miscreants” got in the fray and resorted to violence and clashes.

The petitioner claimed that from May 9 on, it became apparent that false and frivolous charges were repeatedly brought against PTI workers, and scores of first information reports were registered accusing individuals of wrongdoing.

He added that in most cases, when the accused appeared before the court, they were granted relief indicating that there was insufficient evidence to support the charges against them.

The petitioner, however, said as PTI activists were given reprieve, another FIR would suddenly surface leading to their immediate re-arrest and subsequent incarceration.

The petitioner said in the given circumstances, the seven former lawmakers in question found themselves in a precarious situation and they were unable to surrender before the law unless they had knowledge of FIRs filed against them in the province.

He claimed that their families had been subjected to continuous harassment and intimidation, causing a chilling effect on their personal and professional activities.

AZAM SWATI CASE: The Peshawar High Court on Tuesday directed the provincial government to produce details of the cases and inquiries pending against PTI Senator Azam Swati in the province by Sept 14.

A bench consisting of Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah issued the order while hearing a petition filed by Insaf lawyers Forum provincial organiser Qazi Mohammad Anwar, who requested the court to direct the provincial government and inspector general of police to provide details of FIRs registered against PTI leaders Azam Swati and former federal minister Murad Saeed as well as orders for their detention issued under the Maintenance of Public Order Ordinance.

Advocate General Aamir Javed and deputy attorney general Ubaidullah Anwar opposed the petition saying the petitioner had been seeking details of the cases related to others and he didn’t have any power of attorney from them in that respect.

Qazi Anwar argued that he was given power of attorney by Azam Swati on June 26.

The AG said that as the power of attorney only related to Azam Swati and therefore, details could be provided about him and not in case of Murad Saeed.

Published in Dawn, September 6th, 2023