PESHAWAR: The Peshawar High Court on Thursday gave the federal and Khyber Pakhtunkhwa governments three days to respond to a petition filed by the KP Bar Council against the “worsening” security situation in the province, especially in its southern region, complaining that the judicial system is affected.
After preliminary hearing into the petition, a bench consisting of Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad observed that the apprehensions raised by the petitioner were valid, so they required the government’s response.
It added that in its written order, it would formulate certain questions, both for the federal and KP governments, to which they should file their replies.
The bench fixed Oct 23 for next hearing into the petition, which sought orders for federal and provincial governments to provide foolproof security to all the bar associations and judicial systems in the province, especially in the southern districts, for smooth administration and easy access to justice and taking measures to safeguard interest of every citizen.
PHC seeks govt response to plea against poor security situation
The petitioner also prayed the court to declare the inaction of respondents including federal and provincial governments of taking measures for resolving the issues with respect to safe administration of justice and safeguarding the fundamental rights of individuals as unconstitutional.
KPBC vice-chairman Sadiq Ali Mohmand appeared before the bench and said that the law and order situation in the province, especially its southern region, was deteriorating, causing the judicial system to paralyse.
He said that the lives of the lower court judges and lawyers were under threat, so courts in Waziristan, Tank, Kulachi, Daraban and other areas had been shifted to Dera Ismail Khan district.
Mr Mohmand said that lawyers and litigants were facing severe threats in those areas, which amounted to denial of access to justice.
He claimed that the local administration including police authorities and other allied law enforcement agencies had willfully been abstaining from providing security to the judicial system including relevant bar associations and the judges of subordinate hierarchy.
The KPBC vice-chairman pointed out that a few days ago, a shootout took place outside Charsadda Judicial Complex resulting in the killing of three persons.
The chief justice observed that frequent incidents of firing on court premises and killing of suspects was a matter of concern for the court.
The bench observed that they had to see what type of security measures had been adopted in judicial complexes and for judges.
“We have been adopting measures on our part and courts have been recording statements of the accused in cases of heinous naturevia video-link instead of their physical appearance before relevant courts,” he observed.
Provincial advocate general Shah Faisal Uthmankhel said that the provincial government was alive to the security situation in the province and had been monitoring it closely.
He added that the government had been recruiting police personnel in large numbers for onward deputing them in sensitive areas. Mr Uthmankhel said that he would file a detailed reply on behalf of the government.
The bench directed the AG and deputy attorney general Ubaidullah Anwar, representing the federal government, to file replies to the petition on behalf of their respective governments.
The petitioner has said that on Oct 12, the bar council’s general body met and declared that the provincial government and law- enforcement agencies had failed to maintain law and order in the south zone of the province.
Published in Dawn, October 18th, 2024