Poll campaigns must be under law, Constitution, observes PHC CJ

PESHAWAR: Peshawar High Court (PHC) Chief Justice Mohammad Ibrahim Khan on Wednesday said that everyone was free to run campaigns for elections but that must be within the parameters of law and the Constitution.

“We all belong to this country and as Pakistanis, we must pay respect to the state and its institutions,” he gave these remarks while hearing a petition against the arrest of former National Assembly speaker and PTI leader Asad Qaiser under the Maintenance of Public Order Ordinance by the deputy commissioner Swabi.

A division bench comprising Chief Justice Mohammad Ibrahim Khan and Justice Shakil Ahmad at the outset of the hearing asked Additional Advocate General Danyal Asad Chamkani whether or not the Swabi DC had taken back his orders for the arrest of Asad Qaiser under the MPO Ordinance. The AAG said that the official in question had ordered the release of PTI leader under certain conditions, which should be fulfilled. He said that Qaiser should not speak against the state institutions, not create law and order situation and fully observe the standard operating procedures (SOPs) being implemented by the provincial government.

Syed Sikandar Hayat Shah and Muhammad Arshad, the counsels for the petitioner, contended that they were even ready to submit an affidavit in court that their client would not give any statement against the state and its institutions. The bench later disposed of the petition.

On Tuesday, the PHC bench comprising Chief Justice Mohammad Ibrahim Khan and Justice Ishtiaq Ibrahim had directed the Swabi DC to withdraw his orders issued under the MPO Ordinance for detaining former NA speaker and Pakistan Tehreek-e- Insaf leader Asad Qaiser and warned that non-compliance would lead to action.

The bench had also directed Advocate General Aamir Javed to convey its orders and warning to the DC. The bench had observed that the DC had issued an illegal order.