PESHAWAR, Oct 20: The Peshawar High Court on Wednesday dismissed a writ petition, on account of non-appearance of the petitioner, challenging the establishment of the Nifaz-i-Shariat Council by the NWFP.

A two-member bench comprising Chief Justice Nasirul Mulk and Justice Qaim Jan Khan took exception to the non-appearance of the petitioner, Advocate Moazzam Butt, who is also the provincial information secretary of Pakistan Muslim League.

A colleague of Mr Butt informed the bench that he had gone with a delegation of PML to Islamabad. The bench observed that the petitioner had not informed the court and had not put forward any application for adjourning the case.

During the last hearing on Aug 31, the court had directed Mr Butt to submit relevant documents in the case, including the government's notification through which the council had been established and government property handed over to it.

The petitioner had requested the court to declare the establishment of the council, the supreme advisory body constituted by the Muttahida Majlis-e-Amal government, illegal and unconstitutional. He said that the transfer of government property, including the Commissioner's House, to the council be also declared illegal.

The petitioner had stated that the provincial government had established the council for the purpose of giving recommendations for the enforcement of Islamic Shariah in the province. He added that the establishment of this council was unconstitutional as under the Constitution only the Council of Islamic Ideology was empowered to give recommendations about enforcement of Shariah.

He stated that on the recommendations of the council the Shariat Act, 2003, was enacted and now it had proposed the enactment of the Hisba law, which would affect the people of this province.

The petitioner was of the opinion that the Shariat council was a body of people affiliated with the ruling MMA. He said that in practice the affairs as well as policies of the NWFP government were being conducted in accordance with the guidance and dictation provided by the council and since the formation of the council millions of rupees had been spent on its affairs and the government property had also been brought to its use without any legal sanction.

The respondents in the petition were the Nifaz-i-Shariat Council, the government of NWFP through the chief secretary and the federation of Pakistan through secretary law, Islamabad.