PESHAWAR: The Peshawar High Court on Thursday directed Awami National Party provincial chief Aimal Wali Khan, who faced contempt proceedings, to publicly “regret” launching a bitter diatribe against the judiciary.

Chief Justice Mohammad Ibrahim Khan of a single-member bench observed that Mr Aimal not only tried to scandalise him (chief justice) but threatened the judiciary as well.

He added that such things didn’t happen in a civilised society and statements like the one given by the ANP leader caused a sense of insecurity among judges and their family members.

The chief justice observed that the issue was related to the judiciary and not him.

He added that the judges had no political agenda and that they treated all political parties alike.

ANP leader insists he just complained about delay in hearing into his petition

Mr Aimal told the bench that his remarks about the judiciary were harsh for which he said sorry.

He, however, insisted that he didn’t hurl any threat to judges but just complained about a delay in the fixing of his petition about the alleged resettlement of militants in the country.

The bench directed him to repeat that “regret” on his remarks in front of the media.

It pointed out that the petition he referred to was fixed for hearing twice but was adjourned at the request of his counsel.

The bench was hearing a petition filed by PTI leader and former MNA Fazal Mohammad Khan to seek contempt proceedings against Mr Aimal for punishment over his alleged diatribe against the chief justice and the judiciary.

The petitioner claimed that on Dec 21, the ANP leader, in interviews with national news channels, made some “gravely scandalous, malicious and defamatory” remarks against the chief justice of the Peshawar High Court.

Mr Aimal showed up in the court along with his counsel, including Barrister Amir Khan Chamkani, Ahmad Farooq Khattak, Babar Khan Yousafzai and others. The petitioner was represented by Barrister Sarwar Muzaffar Shah.

The chief justice observed that his judicial career spanned over 32 years and that his children were almost the same age as Mr Aimal.

He observed that if the respondent had issued any threats to him, he, as a Pakhtun like him, knew how to respond to it but wouldn’t do that for holding a position that demanded “tolerance and patience.”

Lawyers for Mr Aimal insisted that the issue was blown out of proportion as the petitioner was a political rival of their client.

They requested the bench to be lenient towards the respondent.

The bench observed that the act of threatening a judge was an offence under the Anti-Terrorism Act, but as the respondent was young, the court was treating him leniently.

Mr Aimal said he didn’t give a political statement and just wanted him to be treated like others.

The chief justice remarked that the court expected that Mr Aimal would behave responsibly for being a member of a family that rendered sacrifices for the country.

“Your grandfather (Abdul Wali Khan) and great grandfather (Abdul Ghaffar Khan) were considered forefathers of all the Pashtuns,” the chief justice told the ANP leader.

Mr Aimal said that he had not committed contempt of the court and even couldn’t think of doing so.

Advocate general Aamir Javed said political parties and their leaders should respect the courts as the issue didn’t pertain to a single judge or the court and instead it was about the entire judiciary.

The bench adjourned the hearing of the matter.

Meanwhile, Mr Aimal told media persons after the hearing that he still stood by his words that he was only complaining and was not threatening the court.

“My words might have been harsh but I was representing the entire nation and had certain reservations about the judiciary,” he said.

The ANP leader said for the independence of judiciary, his party’s activists had rendered sacrifices and a large number of their workers were killed in Karachi in 2007.

He said the chief justice sought certain clarifications about his statement and he did so.

Mr Aimal said he had filed a petition seeking the formation of a high-powered fact-finding committee on the “process of the resettlement of militants” and the surge caused by it in terrorist activities in the country.

He added that he wanted the court’s decision on that petition.

Published in Dawn, January 12th, 2024