PESHAWAR: The Peshawar High Court (PHC) on Wednesday directed the administration of North Waziristan to produce the record of the expelling order against Pashtun Tahafuz Movement leader Mohsin Dawar in the court today (Thursday).
A division bench comprising Justice Waqar Ahmad Seth and Justice Musarrat Hilali issued the notice to deputy commissioner of North Waziristan to produce record as on what grounds he was expelled from hometown for three months.
On June 7, the administration banned Dawar from entering North Waziristan for three months for allegedly instigating people through provocative speeches.
Mohsin Dawar challenged the ban through his lawyer Abdul Latif Afridi.
During the hearing, he argued that his client had submitted his nomination papers for NA-48 and this expulsion order was tantamount to stopping him from fundamental right of participating in political activities under the law.
Challenging the power of the political administration to issue such an order, the lawyer made it clear that assistant political agent cannot pass such an order after the 31st constitutional amendment under which Fata was merged with KP and the political administration had no more such authority to utilise section 5 of the MPO 1960 (West Pakistan Act) under which the expulsion order was issued against Dawar.
In the petition, it was stated that the ban was based on malafide intention and is without lawful authority against the fundamental rights of the petitioner to deprive him of his right to contest the general election.
The lawyer argued that his client is a prominent political worker of North Waziristan and now contesting the election on NA-48. He has also seriously suffered during the militancy in the area and their homes were demolished and they were driven out of their area. He said the expulsion order was against the fundamental rights of the petitioner, therefore, was liable to be struck down.
The administration of North Waziristan and government of Khyber Pakhtunkhwa through chief secretary were made respondents in the case.
As interim relief, the petitioner said he had the right to participate in the political activities as he has submitted his nomination papers for NA-48.
Thus he should be allowed to continue his election campaign and attend the office of the returning officer (RO) in North Waziristan as the scrutiny of nomination papers has begun and the rules provide he must appear before the RO and start his election campaign in the area.
