BANNU: A Peshawar High Court bench here has directed the Khyber Pakhtunkhwa government to take appropriate disciplinary action after holding an inquiry against the relevant officers of the anti-corruption establishment (ACE) over “abuse of authority” in registering a case against a serving judicial officer, Humayun Dilawar, accusing him and his family of illegally transferring land for a housing scheme in Bannu.

While ordering the quashing of an FIR registered against judge Dilawar, who had convicted former prime minister Imran Khan in the Toshakhana asset concealment case, and his brother Sadiq Dilawar, Justice Mohammad Tariq Afridi and Justice Sabitullah Khan directed the provincial chief secretary to immediately place the judgement before the competent authority for initiation of proceedings, in accordance with law, against the officers concerned.

The bench, which accepted a joint petition of judge Dilawar and Sadiq Dilawar, on May 5, has now released a 19-page detailed judgement, directing the competent authority to fix responsibility and take appropriate disciplinary action after due process before submitting a compliance report to the registrar of the court within 60 days.

It discussed different aspects of the matter, including the inquiry conducted by the ACE and registration of the impugned FIR in 2024.

Declares no lawful basis found for registration of FIR against judge Dilawar, who had convicted Imran Khan in Toshakhana case

“In view of the foregoing discussion, the material available on record, when considered cumulatively, fails to disclose any lawful basis for the registration or continuation of the impugned FIR.

The record reveals material procedural irregularities, deliberate disregard of relevant facts and a manifest failure on the part of the relevant ACE officials to exercise the diligence, care and objectivity mandated by law,” it said.

The court declared that the inquiry and the resulting FIR appeared to have been initiated without lawful justification and in conscious disregard and apparent concealment of material facts that were within the knowledge of the investigating authorities.

It added that the continuation of criminal proceedings founded on such an inquiry would amount to an abuse of the process of law and would result in grave miscarriage of justice.

Referring to the role of two of the officers, the declared: “The conduct of the relevant Director and Circle Officer’ Anti- Corruption Establishment, prima facie, discloses abuse of authority and lack of bona fides, resulting in the registration of a criminal case against a serving BPS- 20 Judicial officer under the Islamabad High Court through an inquiry devoid of lawful basis and unsustainable in law.”

Initially, the petition was jointly filed by the present two petitioners and their father, Dilawar Khan, in Sept 2024. The main petitioner, Dilawar Khan, died a few weeks ago during pendency of the petition.

The petitioners claimed that the impugned FIR was registered on Sept 9, 2024, by the anti-corruption police station, Bannu, on the directions of the PTI’s provincial government allegedly in reaction to the conviction of the party’s founder, Imran Khan, and his wife, Bushra Bibi, by Judge Dilawar in the Toshakhana case.

They were represented by senior lawyer Sawal Nazir Khan, whereas advocate Shah Khawar and Malik Zeeshan Khan appeared for them via video link.

Sawal Nazir argued that the land in question had been owned by the late Dilawar Khan since 1969.

He contended that under the ACE Rules, 1999, while initiating an open inquiry the permission of the province’s chief secretary was mandatory against an officer of BPS-19 and above. Similarly, an FIR could be only registered against an officer of BPS-19 and above with the permission of the chief secretary.

He argued that in the present case, neither for the starting of the inquiry nor for registration of the FIR, assent of the chief secretary was sought despite the fact that the petitioner Humayun Dilawar was serving in Grade-20 at that time.

Discussing the sequence of events, the bench observed: “The foregoing sequence of events, when examined in juxtaposition with the judgement of conviction rendered against Imran Khan, PTI founder, prima facie, suggests an unusual degree of expedition in the initiation and culmination of the proceedings, particularly when the source report, which formed the foundation of the proceedings, contained no allegations, reference or material against Humayun Dilawar, additional sessions judge, Islamabad, who was subsequently nominated as an accused.”

The bench, in its detailed judgement, also referred to a report of an eight-member inquiry committee constituted by Bannu’s deputy commissioner, which was submitted in Nov 2025.

The committee had observed that in light of the revenue registration record, the demarcation report, and a decree of a senior civil judge of Mar 30, 1980, the relevant registration deeds were supported by sufficient legal justification and consequently the mutations, which were questioned by the ACE, also appeared to be legally valid and justified.

“The demarcation proceedings revealed that no excess land has been occupied by Dilawar Khan, his sons or CPEC (Central Provincial Elite Community) Residencia,” the bench quoted the report as noting.

Published in Dawn, June 4th, 2026