PHC conveys displeasure to govt over delay in criminal justice reforms

Published June 5, 2026 Updated June 5, 2026 07:05am
A file photo of the Peshawar High Court. — DawnNewsTV/File
A file photo of the Peshawar High Court. — DawnNewsTV/File

PESHAWAR: The Peshawar High Court on Thursday conveyed its displeasure to the provincial government over a long delay in the implementation of its larger bench’s judgement delivered early this year for reforming the criminal justice system (CJS).

A bench consisting of Chief Justice SM Attique Shah and Justice Mohammad Ijaz Khan told provincial law minister Aftab Alam and higher education minister Meena Khan Afridi that the province had a very dismal conviction rate as out of every 100 accused in criminal cases, only six were being convicted.

“The conviction rate is very low due to weak investigation and prosecution,” the chief justice said.

He warned if the decision was not implemented, the court would act against those responsible.

CJ voices concern over ‘very dismal’ conviction rate in province

The matter cropped up when the bench was hearing a petition filed by the provincial minister, Meena Khan Afridi, challenging placement of his name in the exit control list (ECL) by the federal government.

When the bench took up his plea, the chief justice also summoned the provincial law minister.

Later in the day, ministers Aftab Alam and Meena Khan appeared along with the special assistant to the chief minister for home and tribal affairs, Tariq Saeed.

The advocate general Shah Faisal Uthmankhel also attended the proceedings through video link as he was in Islamabad.

The high court has presently been hearing a contempt petition of a petitioner Asifullah, who insisted that the respondents including the provincial government had failed in complying with the direction and guidelines laid down by a larger bench of the court in its judgement delivered on Jan 15, 2026.

The case has been fixed for hearing on July 1.

“The authority of 50 million people from this province rests with you but you have not implemented the criminal justice system decision for the last six months,” the chief justice told ministers.

The bench also recalled reliefs granted to them from time-to-time observing that the high court had granted bails to around 2246 political personalities.

“We granted bail to you people in 246 cases, in a single day, whereas 90 of your cases have still been pending here,” the chief justice pointed out.

The bench observed that in the past, they were provided relief when they were complaining that they were oppressed and injustice was being done to them.

CJ Attique Shah said that as the chief minister, Ali Amin Gandapur, was granted bail by the court, while incumbent CM Sohail Afridi moved the court against the denial of oath administration and gave the sought-after relief as well.

The bench also voiced concern over the security situation in the province, especially in the southern districts, observing that residents have been “burning in fire”.

“Whatever points the bench raised, we are implementing the larger bench’s orders,” said minister Aftab Alam.

He said that meetings were held to discuss implementation of the judgement, while reforming the prosecution department, too, came under discussion in a meeting.

“We will ensure implementation of the court’s orders,” he said.

During the hearing, the chief justice pointed out that the judiciary had started self-accountability and terminated the services of around 30 judicial officers for misconduct.

The bench asked them to name any 12 individuals who the PTI government had dismissed during its 12-year-long time in the province.

Addressing the AG, the chief justice said that Meena Khan’s petition was scheduled for hearing and the bench took advantage of the occasion and summoned the law minister.

“We spoke with him [minister] regarding the implementation of the larger bench’s orders,” said the chief justice.

The AG assured him that on return to Peshawar, he would meet the chief secretary to ensure the implementation of the said judgement.

The larger-bench had released a comprehensive 149-page judgement over the matter after considering the reports and arguments submitted by the stakeholders, including law and home departments, police, prosecution and health authorities, senior lawyers, as well as the suggestions made by them for improving the Criminal Justice System.

During the last hearing into the contempt plea on May 21, the bench had expressed dissatisfaction with an interim report submitted on behalf of the provincial government and administrative secretaries. It had observed that the act “appeared to be nothing more than a cosmetic, superficial and perfunctory exercise, wholly lacking any meaningful indication of sincere, effective and result-oriented compliance with the judgement.”

As requested by chief secretary Shahab Ali Shah, the bench had granted a month’s time for submitting a compliance report.

Meanwhile, the bench reserved its order on the petition of Meena Khan for removal of his name from the ECL.

The petitioner’s counsel, Bashir Khan Wazir, said that his client was scheduled to go to Germany but as his name was placed on the ECL, he couldn’t travel abroad.

He added that his flight was scheduled for June 7.

When the bench inquired why he had not approached the Islamabad High Court for relief on the matter, he said that as his client’s flight was to take off from Peshawar Airport, the PHC was petitioned.

The bench directed a deputy attorney general to find out why Meena Khan’s name was put on the ECL and whether there were any FIRs against him.

Mr Wazir said that the petitioner was secured bail in the cases registered against him.

Published in Dawn, June 5th, 2026

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