PHC grants time to PTM lawyer for arguments on ban case

PESHAWAR: The Peshawar High Court (PHC) on Wednesday granted time to the lawyer representing the recently banned Pashtun Tahafuz Movement (PTM) to prepare arguments on the maintainability of a petition challenging the federal government’s decision to ban the organisation.

The court directed the petitioners to present arguments on whether the petition was admissible at this stage, while also instructing the federal government to provide reasons for the ban on PTM leaders within three days.

A two-member bench comprising Justice SM Attique Shah and Justice Sahibzada Asadullah was hearing the petition filed by PTM member Masoom Shah.During the proceedings, the petitioner’s lawyer, Attaullah Kundi, informed the court that the federal government declared PTM a proscribed organization under the Anti-Terrorism Act of 1997 on October 1.

He argued that despite PTM’s active role since 2014, there has been no evidence of the movement’s involvement in terrorism. He further claimed that the government’s decision was intended to sabotage the “Grand Pashtun Jirga” scheduled for October 11.

Justice SM Attique Shah questioned whether the petitioner could file the case directly in the high court, to which Kundi responded that superior courts had ruled in similar cases that if no suitable forum was available, a writ petition could be filed directly in the high court.

Additional Attorney General Sanaullah, representing the federal government, opposed the petition, arguing that an appropriate forum existed for such matters. Justice Sahibzada Asadullah asked the petitioner’s counsel to justify why the petition was admissible and to establish the petitioner’s legal standing.

Kundi explained that the petitioner, being a PTM member, was directly affected by the ban as the entire organization had been outlawed, making it impossible for its leader, Manzoor Pashteen, to appear in court. The court asked why the federal government did not provide the reasons for the ban to PTM leaders. To this, the deputy attorney general assured the court that the Ministry of Interior would provide these reasons soon.

Kundi maintained that the PTM having worldwide membership was a peaceful organization advocating for rights of the Pashtuns.The court adjourned the hearing until October 15 and directed both parties to prepare detailed arguments on the maintainability of the petition.The federal government was ordered to submit the reasons for the ban by the next hearing.