PESHAWAR: Peshawar High Court on Tuesday sought response of Peshawar Cantonment authorities along with policy, if any, regarding placing ‘restrictions’ on entry of lawyers to cantonment by law enforcement agencies.

A bench consisting of Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal also directed a deputy attorney general to inform the court whether the restrictions were imposed only on lawyers or other people as well.

The bench was hearing a petition filed by a lawyer Mohammad Rafiq, who requested the court to declare as illegal and unconstitutional ban on his entry and that of other members of legal fraternity of Peshawar to cantonment area.

He sought directives of court for government to ensure free movement of lawyers throughout the cantonment. He also sought interim relief, requesting the court to suspend the restrictions on lawyers’ movement in the cantonment till final disposal of the petition.

Lawyers request court to declare the ban unconstitutional

The respondents in the petition are federal defence secretary, Khyber Pakhtunkhwa government through its chief secretary, Peshawar Cantonment chief executive officer and KP Bar Council through its vice-chairman.

Advocate Ameenur Rehman Yousafzai appeared for the petitioner along with voice-chairman of Khyber Pakhtunkhwa Bar Council Ahmad Farooq Khattak and leader of Malgary Wakeelan, Awami National Party’s lawyers wing, Fazle Wahid.

Ameenur Rehman stated that all the major courts were located in the cantonment including PHC, Supreme Court Peshawar Registry, Judicial Complex, district courts, KP Service Tribunal, anti-terrorism courts, revenue courts, consumer court and rent controller, etc.

He said that personnel of law enforcement agencies deployed in the cantonment on checkposts, established at every entry/exit point, had banned entry of lawyers to go through the area, which had badly affected the punctuality of lawyers.

He claimed that in certain courts including that of senior member board of revenue (SMBR), they had not been allowed to enter the road where those were situated.

He argued that state functionaries were duty-bound to facilitate lawyers in approaching courts of law to play their part in dispensation of justice. He added that stopping lawyers from entering cantonment was tantamount to depriving people of their fundamental right of access to justice.

When the bench inquired whether only a single lawyer was stopped at a checkpost or restrictions were placed on all of them, the counsel stated that they were informed at checkposts that lawyers’ won’t be allowed without cantonment entrance pass.

Ahmad Farooq also pointed out that previously while entering cantonment area, lawyers were allowed after showing their bar council card, but now they had not been permitted on basis of the said card.

The bench inquired from a deputy attorney general about the policy, if any, regarding restrictions on mobility in cantonment area. The DAG stated that the issue pertained to Cantonment Board and it would be better to seek its reply.

Ahmad Farooq requested the court that till final disposal of the petition, lawyers may be permitted entry to cantonment area on basis of their bar council cards.

The bench observed that once it received the reply and the relevant policy, it would issue appropriate order.

Ameenur Rehman pointed out that more than 6,000 lawyers had been registered with PHC Bar Association and they had to attend courts regularly.

Published in Dawn, March 26th, 2025