PESHAWAR: The Peshawar High Court on Thursday summoned the Khyber Pakhtun- khwa top officials in a petition seeking action against them for dismantling the camp of Pashtun Tahaffuz Movement and teargas shelling and torture on the PTM workers in Khyber district.
Hearing a writ petition filed by Zahidullah through Ali Azeem Afridi advocate, a two-member bench of the PHC comprising Justice Shakeel Ahmad and Justice Syed Rashad Ali directed the KP chief secretary, secretary Home Department and chief capital city police officer, Peshawar, to appear in court and tell as to how law and order situation were created in the area for which this such action was taken against the peaceful PTM workers.
Khyber Pakhtunkhwa Advocate General Shah Faisal Uthmankhel appeared for the provincial government.The petitioner’s lawyer informed the court that the police had used teargas on a peaceful gathering of the PTM in Shalobar Qambarkhel area of Bara tehsil in Khyber district.
He said that several participants, including the petitioner, sustained injuries in the teargas shelling and the subsequent torture on the workers.The lawyer argued that the use of force against peaceful protesters was illegal, as the right to peaceful protest was protected under the Constitution. He pleaded that law enforcement officers acted after a letter was issued by the federal government to the KP chief secretary, which in turn disrupted the peace in the region.
The court was also informed that shots were fired during the protest, worsening the situation even though the officers had no legal grounds to do so.Upon this, AG Uthmankhel said that Chief Minister Ali Amin Gandapur had suggested resolving such issues through peace talks to maintain law and order. However, the federal government’s letter was used as a pretext to disturb the province’s peace.
The petitioner’s lawyer argued that the provincial government could not take action against CSS and PCS officers appointed by the federal government, including the Inspector General of Police, who were functioning under the federal jurisdiction.
The court then questioned how the province could function if these officers did not follow the chief minister’s orders.The petitioner’s lawyer prayed the court to restrain the police and law enforcement agencies from taking any further action against the petitioner or other citizens.
After hearing the arguments, the court ordered the chief secretary, secretary Home, and CCPO to appear in court and explain how the law and order situation had been created in the area. The court also issued a notice to the deputy attorney general for further clarification.