PESHAWAR: A single-member Peshawar High Court bench on Friday ordered the confinement of five police officials in judicial lock-up until June 18 over their failure to appear before a trial court as prosecution witnesses in a narcotics case despite repeated issuance of summons.

Chief Justice Syed Mohammad Attique Shah had taken notice of the issue a day ago while hearing a bail petition of an accused in a narcotics case and summoned senior police officers, with directions to Nowshera’s district police officer to produce the five police officials on Friday.

The five officials, including deputy superintendent of police (CTD) Nowshera Rauf Khan, sub-inspector Salim Khan and constables Shakoor, Sahil and Ali Said, were produced before the court.

“With respect to non-appearance of the five officials witnesses before the learned trial court despite repeated summons and non-bailable warrants of arrest for recording their statements, neither the Mardan RPO nor the Nowshera DPO could give any plausible explanation to such extent and the reasons, so put-forth by the worthy RPO Mardan about the professional engagements of the official witnesses not seeming to be reasonable, hence, cannot be appreciated,” the bench observed.

Asks AG to ensure smooth trial conclusion

It added that after thoroughly going through the entire record, it found out that all those official witnesses remained adamant towards the court’s directions insofar as their non-appearance for recording their statements was concerned.

The chief justice observed that the court couldn’t close its eyes to such conduct of the prosecution witnesses.

The bench directed both Mardan RPO and Nowshera DPO to confine all those officials and prosecution witnesses in judicial lockup until June 18 and produce them before the trial court on next hearing on June 18 for recording their statements.

It declared that a compliance report about the officials’ confinement should be shared with it by the RPO by Saturday through the high court’s registrar.

The bench also directed the trial court to “conclude the prosecution evidence” the same day.

During the hearing, advocate general Shah Faisal Uthmankhel appeared for the provincial government, whereas Gul Daraz Khan and Yousaf Orakzai represented the petitioner and the police department, respectively. Mardan RPO Najeebur Rehman and Nowshera DPO Rasheed Khan also showed up on the court’s notice.

Apart from the instant matter, the bench also took notice of the “helplessness” of the prosecution to produce its witnesses in criminal cases.

“Before parting with the order, this court has observed with a degree of concern that normally cases are not concluded within the statutory periods, so provided by the statutes and law only because the prosecution is always found helpless to ensure the production of its witnesses,” it observed.

The court directed the advocate general to hold a meeting with the inspector general of police, director general (prosecution), Peshawar’s capital city police officer, and RPOs of respective regions and find some mechanism for the smooth and swift conclusion of trials before the trial courts within the stipulated statutory periods in line with the statutes and law.

It declared that the needful should be done within 30 working days and a complete and comprehensive report to such extent should be produced.

During the hearing, the chief justice wondered why the IGP didn’t show up despite being formally called for personal appearance.

The AG insisted that the IGP was busy with an important security meeting, so he couldn’t attend the hearing.

The bench also pointed out that the police department needed to strengthen its investigation wing as during trials, investigation of cases often turned out to be poor.

Published in Dawn, June 14th, 2025