PESHAWAR: Peshawar High Court on Thursday warned of summoning the Khyber Pakhtunkhwa chief minister if counter-terrorism department (CTD) continued with its practice of repeated arrest of an accused in earlier cases contrary to a ruling of the court.

A bench consisting of PHC Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad observed that the government was not above the law and if the practice continued then law would take its course.

The bench observed that it was clearly pronounced in its judgement in ‘Asad Qaiser’ case that a person once arrested was deemed to be arrested in all the cases already registered against him and he should not be re-arrested after release from prison.

The bench issued notices to provincial government and CTD, seeking their response to a petition filed by an imprisoned former policeman, Jamshed Khan, seeking directives of the court for the law enforcement agencies to provide details about cases registered against him.

Bench issues notice to govt in re-arrest case of former policeman

Advocate Bashir Wazir appeared for the petitioner and stated that his client was a former policeman and was arrested last month on the order of Bannu deputy commissioner under Section 3 of Maintenance of Public Order Ordinance, stating that he was a member of Pashtun Tahaffuz Movement and was a threat to public order in the district.

He stated that the petitioner was sent to Haripur prison. He contended that the petitioner plea was heard by the high court’s Bannu bench, which issued his release order after around 20 days imprisonment.

However, he claimed that after the petitioner was released from prison, he was again arrested by CTD on multiple charges.

Mr Wazir pointed out that CTD was neither providing them with a copy of the FIR against the petitioner nor providing information of other cases lodged against him. He added that they were also not permitted to meet the petitioner.

The counsel pointed out that re-arrest of the petitioner was in violation of the judgement of the high court in the case of former National Assembly speaker Asad Qaiser. He questioned as to why the arrest of the suspect was not shown in the present case when he was imprisoned for around 20 days.

The bench adjourned hearing of the matter to Nov 5 and sought response of CTD and the government.

It is pertinent to mention here that the high court in its earlier judgement had ruled: “Repeated arrest of the petitioner in different cases amounts to violation of his fundamental rights and whenever executive acts are in violation of law, an appropriate order can be passed by the high court by invoking the jurisdiction under Article 199 of the Constitution so as to relieve the citizen of the effects of the said illegal action.”

Published in Dawn, October 25th, 2024