PESHAWAR: The Peshawar High Court (PHC) on Friday directed the officials concerned to submit their replies on a petition filed against the use of force by the police on civilians in Khyber tribal district.
A two-member bench comprising Justice Syed Arshad Ali and Justice Wiqar Ahmad conducted the hearing.Khyber Pakhtunkhwa Chief Secretary Nadeem Aslam Chaudhry, Additional Chief Secretary (Home) Abid Majeed, KP Advocate General Shah Faisal Utmankhel and Capital City Police Officer (CCPO) Muhammad Qasim appeared before the court.
The petitioner’s counsel, Ali Azeem Afridi, argued that the police fired at the peaceful crowd, which caused injuries to many people.During the proceedings, Justice Syed Arshad Ali asked the chief secretary if he was aware why he had been summoned.
The chief secretary informed the court that the situation stemmed from a letter issued by the federal government, which had impacted law and order in the area. He said under the law, people were allowed to stage a protest or hold a gathering, but seeking prior permission was required, which had not been obtained by the protesters in this case.
The bench inquired whether the provincial government had issued any orders regarding the police action.The chief secretary responded that the police can intervene if illegal activities were taking place regardless of prior approval.
Justice Arshad Ali remarked that the petitioners had made serious allegations by claiming they were a political group seeking to hold a peaceful assembly, but the police used force against them.
Additional Chief Secretary Abid Majeed was also asked about the ongoing protests in Khyber. He informed the court that the protesters, who have been demonstrating for 38 days, were demanding the return to their areas. However, Majeed clarified that the areas in question were currently under active military operations against terrorists, and it would be unsafe to allow the return of civilians at this time. He said the safety of citizens was the government’s top priority, and they would be allowed to return once the situation improved.
During the hearing, the advocate general said the provincial government had not ordered any firing on peaceful gatherings. He also mentioned that the chief minister had verbally communicated orders regarding law enforcement actions. However, Justice Arshad Ali said verbal instructions hold no legal weight.
The petitioner’s counsel said the residents of Khyber were affected by the police firing, which also disrupted daily life in the area.The court directed all parties, including the police, to submit written responses and reserved its judgement on the matter.