PHC asks Swabi DC to withdraw orders for Asad Qaiser’s detention

PESHAWAR: The Peshawar High Court on Tuesday directed the deputy commissioner of Swabi district to withdraw his orders issued under the Maintenance of Public Order Ordinance for detaining former National Assembly speaker and PTI leader Asad Qaiser and warned that non-compliance would lead to action.

A bench consisting of Chief Justice Mohammad Ibrahim Khan and Justice Ishtiaq Ibrahim directed provincial advocate general Aamir Javed to convey its orders and warning to the DC.

It wondered how the detainee (Mr Qaiser) could become a threat to public order when he was in prison in connection with a case registered against him.

The bench observed that on the face of it, the DC had issued an illegal order.

Warns official of action over non-compliance

It warned that if the deputy commissioners continued to issue such arbitrary orders under the MPO Ordinance, it would be left with no option but to impose fines on them.

The AG said the DC had submitted his comments on the matter insisting that the district coordination intelligence committee, in its meeting on Dec 8, recommended orders for the detention of the former NA speaker for “planning to gather people and create a law and order situation after his release from prison.”

Syed Sikandar Hayat Shah, the counsel for the petitioner, contended that his client had been re-arrested five times.

He added that he was granted bail last time on Dec 9 by a Mardan court in a case regarding the May 9 protests in the district.

The lawyer, however, said Mr Qaiser was re-arrested by the police as the DC issued detention orders for him under the MPO on Dec 8.

He said the high court, over a petition of Mr Qaiser seeking details of the cases pending against him, ordered the government on Dec 7 not to act against him and some other PTI leaders in all cases registered against them until Nov 29.

Mr Shah, however, said that to frustrate the court’s orders, DC Tariqullah ordered the detention of Mr Qaiser for 30 days.

Also, the bench stopped the government and its law-enforcement agencies from taking any “adverse” action until further orders against PTI central vice-president Sher Afzal Khan Marwat, provincial general secretary Ali Asghar Khan, former provincial minister Taimoor Saleem Jhagra, former lawmakers Anwar Taj, Gul Dad Khan, Liaqat Ali, Fazal Hakeem, Mian Sharafat Hussain, Swat mayor Shahid Ali Khan and some other party leaders.

Besides several lawyers of Insaf Lawyers Forum, who represented the petitioners, AG Aamir Javed and additional advocates general Danyal Chamkani and Jalaluddin Akber Gara appeared for the provincial government, additional attorney general Sanaullah Khan for the federal government and special prosecutor Mohammad Ali for the National Accountability Bureau (NAB).

About Mr Marwat, who has filed around eight petitions seeking the quashing of cases registered against him in different districts as well as details of other cases against him, AAG Chamkani said the PTI leader held a workers’ convention without seeking permission of the district administration.

He added that while the high court had ordered Kohat’s district administration to decide the PTI’s application for holding a workers convention within three days, the party didn’t wait for a decision on the application and went ahead with the convention plans.

When the bench inquired about the absence of Mr Marwat from the hearing, his counsel, Nauroz Khan, said the PTI leader was detained in Lahore under the MPO and was freed on Monday night but couldn’t reach Peshawar.

The AG objected that the relief could not be provided to the petitioner in his absence. However, the bench observed that under its constitutional jurisdiction, it could extend relief to a petitioner in his absence.

It directed him to ensure the presence of his client before it by Dec 26.

Similarly, lawyer Ali Gohar Durrani appeared for Mr Jhagra and said his client wanted to have details of the cases against him so that he could approach the relevant courts.

He added that earlier, the NAB informed that there was no inquiry pending against him but despite that, a call-up notice was issued to him.

“The police have been conducting raids on my client’s residence without justification. We apprehend that he will be arrested in a case not made public hitherto,” he said.

The bench directed the government to produce details of cases registered against other petitioners.

Published in Dawn, December 20th, 2023