PESHAWAR: The Peshawar High Court on Tuesday put off hearing into the petition of Awami National Party provincial president Aimal Wali Khan for forming a high-powered fact-finding committee for the “process of militants’ resettlement that led to a surge in terrorist acts in the country.”

A bench consisting of Justice Ijaz Anwar and Justice Shakeel Ahmad partially heard arguments of the petitioner’s counsel, Babar Khan Yousafzai, and additional advocate general Danyal Asad Chamkani.

The petitioner requested the high court to fix time for the fact-finding committee to complete its task saying most of the facts were already admitted by the respondents.

He added that the fact-finding report should be made public.

The petitioner sought the court’s orders for the respondents, including the federal and provincial governments, to stop the process of “settling back terrorists” in the country.

Petitioner insists PHC empowered to form fact-finding body; AAG says plea not maintainable

Lawyer Babar Yousafzai told the bench that during the last hearing, he was asked to produce copies of the superior court judgements to show that the high court had the jurisdiction to issue orders for the formation of the proposed fact-finding committee.

He referred to different superior court judgements in support of his contention and said the courts had issued orders on different occasions for the formation of fact-finding committees and commissions for matters of public importance.

The counsel contended that the last Pakistan Tehreek-i-Insaf government made a secret deal with militants for the resettlement of the latter in parts of the province.

He added that the deal led to an increase in the acts of terrorism in the country.

He claimed that constant statements kept coming from the office of the then prime minister Imran Khan and former special assistant to the chief minister Barrister Mohammad Ali Saif regarding the resettlement of trained militants from Afghanistan in Pakistan.

AAG Danyal Chamkani contended that the petition was not maintainable in its present form. He said the petitioner had been seeking relief against multiple persons who had no longer been in the position, which they were occupying at that time.

He pointed out that the then prime minister Imran Khan and chief minister Mahmood Khan had already completed their terms in office. He added that the then ISI DG, Lt- General Faiz Hameed, had already retired.

He added that the petitioner should file an amended petition to include new respondents in it.

Babar Yousafzai argued that action may be taken against the responsible persons even if they had retired or were no longer in the respective offices.

He said that the petitioner along with his party leadership and workers had constantly opposed the policy related to relocation of terrorists into Pakistani territory.

He claimed that the country’s president had confirmed his involvement in the grant of immunity to 102 terrorists and that was reported in the media.

The petitioner claimed that the “process of the relocation of militants” was not possible without the support of the former ISI chief.

The respondents in the petition are the country’s president, former prime minister Imran Khan, provincial government through its chief secretary, former chief minister Mahmood Khan, Barrister Mohammad Ali Saif, retired Lt-Gen Faiz Hameed, and the federal government through the interior minister.

Published in Dawn, October 27th, 2023