Tag: Peshawar High Court

  • No ‘bat’ symbol for PTI: Peshawar High Court

    No ‘bat’ symbol for PTI: Peshawar High Court

    The Peshawar High Court (PHC) has accepted the review petition of Election Commission of Pakistan (ECP) and restored the ECP’s ruling on the intra-party polls and election symbol of Pakistan Tehreek-e-Insaf (PTI).

    Justice Ejaz Khan announced the reserved verdict today after hearing all parties.
    The Election Commission’s lawyer, Sikander Bashir Mohmand, and PTI’s lawyers, including Shah Faisal Uthmankhel and Qazi Anwar, were present in court today.

    The ECP had submitted a review petition in high court against PHC’s order that suspended the ECP’s decision of declaring PTI’s intra-party elections “illegal” and stripped it of using the ‘bat’ symbol.

    In its petition, the ECP requested the court to review the PTI’s intra-party elections and its decision related to the election symbol.
    However, PTI’s chairman, Barrister Gohar Khan, said that PTI will move to the apex court to get justice in this matter.
    “The Supreme Court has already stated that revoking a party’s symbol is tantamount to disbanding the entire party,” the PTI leader said, hoping that his party would get relief from the top court.

  • Peshawar High Court reserves decision on ECP’s petition

    Peshawar High Court reserves decision on ECP’s petition

    The Peshawar High Court (PHC) has reserved its decision on the petition of the Election Commission of Pakistan (ECP) that contested the ruling of its single bench regarding the Pakistan Tehreek-e-Insaf’s (PTI) electoral ‘bat’ symbol and intra-party elections.

    The ECP submitted a review petition in PHC against its December 26 verdict, that suspended the ECP’s order and restored the party’s ‘bat’ symbol until a final decision on the matter.

    ECP, through its order, deemed the intra-party polls of the PTI as “illegal” and revoked its authorization to use the ‘bat’ symbol.

    In response to this decision, the erstwhile ruling party appealed to the Peshawar High Court, requesting the reinstatement of its party symbol in anticipation of the upcoming general elections scheduled for February 8.

  • ECP might move Supreme Court against High Court order

    ECP might move Supreme Court against High Court order

    The Election Commission of Pakistan (ECP) has raised concerns over the Peshawar High Court (PHC) order against the appointment of a returning officer (RO) in PK-91 Kohat-II. According to the sources of The News, “it is becoming difficult” for electoral authorities to conduct polls with multiple emerging challenges.

    The electoral body showed concerns during the ECP meeting on Wednesday and decided to file a petition in the Supreme Court (SC) against the PHC order rejecting the appointment of Irfanullah as RO for PK-91 Kohat-II.

    As per the report, ECP decided to move to SC after consulting with legal experts from the commission.

    “The meeting noted that following the PHC order, the very constituency is now technically without a returning officer. In these circumstances, it is becoming difficult for the Election Commission of Pakistan to conduct elections,” sources said, referring to the commission’s huddle here at its secretariat after having received the provincial high court order.

    According to Article 218, it is the constitutional authority of the electoral body to conduct free, fair, and transparent elections in the country, and all the state institutions are bound to support the ECP to make polls possible.

    The Commission reviewed the matter and decided to hold another meeting on Thursday (today) prior to taking a decision in relation to the PHC order.

  • Ex PTI MPA offloaded, leaders arrested as Peshawar High Court warns government

    Ex PTI MPA offloaded, leaders arrested as Peshawar High Court warns government

    The Peshawar High Court issued a warning on Tuesday, indicating that if the Pakistan Tehreek-i-Insaf (PTI) is not permitted to carry out political activities in Khyber Pakhtunkhwa (KP), it would summon the caretaker chief minister of the province and the chief election commissioner for an explanation.

    “Both the chief minister and CEC will be asked about their failure to fulfil the responsibility of holding polls in a free and fair manner amid the PTI’s complaints of restrictions on its activities in the province,” Justice Ijaz Anwar observed during a hearing of a petition filed by former prime minister Imran Khan’s party for contempt proceedings against the provincial government and the administration of Mansehra district.

    The court observed that if a political party is not allowed to hold a public meeting due to security concerns, it raises questions about the Election Commission of Pakistan’s ability to conduct general elections.

    Attorney General Aamir Javed informed the court that a meeting had been called to assess the security situation, and a report would be provided within two days. The court scheduled the next hearing for November 23, focusing on the contempt petition against the caretaker government and Mansehra’s district administration.

    The bench fixed Nov 23 (Thursday) for next hearing into the PTI’s contempt petition against the caretaker government and Mansehra’s district administration for “not allowing the holding of a workers’ convention despite the court’s orders.”

    The petition was filed by PTI provincial president Ali Amin Gandapur, its provincial legal coordinator Mashal Azam, and Insaf Lawyers Forum provincial vice-president Malik Arshad Ahmad, requesting the court to initiate contempt proceedings against the relevant officers, including the provincial chief secretary, Mansehra DC and DPO, and others.

    Lawyers Shah Faisal Uthmankhel, Ali Zaman, Inam Yousafzai, and others appeared for the petitioners and said a high court bench had disposed of on Oct 26 a plea of their clients after allowing the PTI to carry out political activities in the province.

    PTI MPA offloaded

    Meanwhile, in a separate incident, former PTI MPA Shaukat Ali Yousafzai was offloaded from a flight at Peshawar’s Bacha Khan International Airport.

    Yousafzai’s flight was scheduled to depart at 9:15 am on Wednesday via Emirates flight EK-637 for Saudi Arabia, where he was to perform Umrah.

    He stated that after the boarding process was completed, the airport’s security officials came and took him into their custody “without any reason”, as per Dawn.

    The PTI ex-MPA added that when he asked the officials why he was being prevented from boarding the plane, they only replied they had “orders from authorities to not let you fly abroad”.

    Yousafzai went on to say that he would approach the Peshawar High Court and file a case against the airport’s security officials for offloading him as, according to him, neither was there a first information report against him nor was his name on the Exit Control List.

    PTI leaders arrested

    In a related development, Liaqat Ali Yousafzai, PTI’s Shangla chapter president and brother of Shaukat Ali Yousafzai, along with six other party workers were arrested by the police for allegedly violating Section 144 during a party meeting in Shahpur. The PTI criticized the authorities, claiming unequal treatment compared to other political parties allowed to hold public meetings.

    The situation reflects a growing tension between the PTI and local authorities, with the Peshawar High Court intervening to address concerns of restricted political activities in KP.

  • MDCAT results withheld by Peshawar High Court

    MDCAT results withheld by Peshawar High Court

    Results of the Medical and Dental College Admission Test (MDCAT) have been withheld on the orders of the Peshawar High Court (PHC) on Friday following petitions filed by students in the light of cases of cheating via Bluetooth devices in examination halls.

    The court issued orders to the chief secretary, executive director of the Education Test and Evaluation Agency (ETEA), and the registrar of the Pakistan Medical and Dental Council (PMDC) to provide responses regarding these allegations.

    The court has asked the Education Test and Evaluation Agency (ETEA) to not publish the official results on its website for now as the investigation is underway.

    The hearing was chaired by Justice Syed Arshad Ali who passed orders that the online release of the results must be halted till September 21, the date of the next hearing.

    The case

    Dozens of candidates had been caught cheating in the Pakistan Medical and Dental Council (PMDC) MDCAT exams conducted in a number of cities on Sunday.

    Over 40 candidates, including 20 female candidates, were arrested in Peshawar while 10 were taken into custody in DI Khan.
    All of the detainees were said to be using Bluetooth to cheat in the test. And as reported by Geo, DI Khan police sources claimed that VIP passes were issued to the candidates for which a hefty amount was paid to take the exam through dishonest means.

    Students and parents filed complaints to the Human Rights Cell in Peshawar regarding the results and integrity of the system which were then sent to the PHC chief justice.

    The applicants asserted that approximately 200 students were caught using Bluetooth devices during the examination.

  • Justice Mussarat Hilali unanimously recommended to be appointed as PHC chief justice

    Justice Mussarat Hilali unanimously recommended to be appointed as PHC chief justice

    The Judicial Commission of Pakistan (JCP) has unanimously recommended the name of Justice Mussarat Hilali for appointment as the Chief Justice of the Peshawar High Court (PHC).

    JCP has sent its recommendation to the parliamentary committee for approval. The commission unanimously recommended the appointment of Justice Hilali during a meeting with Chief Justice Umar Ata Bandial.

    Upon the retirement of PHC Chief Justice Qaiser Rashid Khan, on March 30, the most senior judge of the court, Justice Noorul Amin Khan was appointed as the acting CJ. But his stint lasted only a day.

    After Justice Khan’s retirement on March 31, a day after he took over as the acting CJ, Justice Hilali was appointed as the first woman acting chief justice of the PHC.

    Born in Peshawar on August 08, 1961, Justice Hilali received a degree in law from Khyber Law College, Peshawar University and enrolled as an Advocate of District Courts in 1983, as an Advocate of the High Court in 1988 and as an Advocate of the Supreme Court of Pakistan in 2006.

    She was also the first female Additional Advocate General of Khyber Pakhtunkhwa from November 2001 to March 2004.

    She was elevated to the bench as an additional judge on March 26, 2013, and confirmed as a permanent judge of the Peshawar High Court on March 13, 2014.

  • Member National Assembly Ali Wazir finally released from prison after more than two years

    Member National Assembly Ali Wazir finally released from prison after more than two years

    Member of National Assembly (MNA) and Pashtun Tahafuz Movement (PTM) leader Ali Wazir has been released from Central Jail Karachi today (Tuesday) after more than two years behind bars.

    Wazir was transferred to Central Jail Karachi on 31 December 2020 on sedition charges for delivering hate speeches.

    In November, Peshawar High Court’s Bannu Bench granted bail to Wazir in one sedition case.

    Earlier, Wazir also claimed that his life was in danger. He was admitted to Karachi’s Jinnah Postgraduate and Medical Centre, where he claimed that he was attacked twice.

  • Khan in court, granted pre-arrest bail in 10 cases against him

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has been granted pre-arrest bail till July 6 by the court of a district and sessions judge in Islamabad today (Friday). He got bail in 10 cases related to vandalism during his party’s Azadi March in the federal capital which happened on May 25.

    He is booked on charges involving interference in state affairs and damaging public property.

    Khan appeared in court with strict security arrangements. The court directed Khan to submit Rs5,000 as surety in each of the cases and directed the police to submit a record of cases in the next hearing which is on July 6.

    Prior to this development, the Peshawar High Court (PHC) granted transit bail to PTI Chairman till June 25 in different cases registered against him in connection with his party march.

    Bail to PTI leaders:

    Earlier, police had booked around 11 PTI leaders including Imran Khan, Asad Umar, Shah Mahmood Qureshi, Fawad Chaudhry and others in a case pertaining to violence at the Kohsar police station. However, an Islamabad court granted interim bail to them in this case on June 20.

    Similarly, last week, an anti-terrorism court (ATC) granted interim bail till June 28 to more than a dozen PTI leaders for vandalism in the case pertaining to violence at the Bhatti Gate police station, Lahore. The bail was granted to Hammad Azhar, PTI Central Punjab President Dr Yasmin Rashid, Mian Aslam Iqbal and others.

  • KP government wants harsher sentences for those convicted in Mashal Khan case

    The Supreme Court (SC) on Tuesday accepted for hearing a set of appeals by the Khyber Pakhtunkhwa (KP) government seeking to enhance the sentences of the convicts involved in the 2017 lynching of Mardan university student Mashal Khan, reports Dawn.

    Additional Advocate General (AAG) for KP Nisar Khan, told Dawn that the appeals were filed against the November 2020 verdict in which the Peshawar High Court had commuted the death sentence awarded to primary accused Imran Ali in Mashal Khan lynching case, but maintained the jail terms handed down to 32 others.

    Mashal Khan, a 23-year-old student of the Department of Mass Communication at Abdul Wali Khan University, Mardan, was lynched by a mob and shot over allegations of blasphemy on April 13, 2017.

    In June 2017, a 13-member joint investigation team concluded that the allegations of blasphemy against Mashal Khan were unfounded and were used as a pretext to incite a mob against him.

  • Citizens cannot ‘speak against state’, says high court

    Citizens cannot ‘speak against state’, says high court

    The Peshawar High Court has said that Pakistani citizens have no right to speak against the state, as they are bound to “respect and follow” the laws of the country.

    The acting chief justice of the PHC, Justice Qaiser Rashid Khan, made these remarks while hearing a plea of Prof Ismail– the father of activist Gulalai Ismail — against the cancellation of his bail, reported Voicepk.net.

    The acting CJ said that citizens cannot be granted the right by the court to criticise the state. During the hearing on November 23, the deputy attorney general told the court that Prof Ismail posted ‘anti-state tweets’ on his social media account.

    As per the prosecution, Prof Ismail had posted on Twitter: “When the TikTok star Hareem Shah can enter the Foreign Office, the country does not fulfill the definition of a state.”

    At this, the judge said such remarks were “unbecoming of a teacher”, adding these messages would have an adverse impact on his students as well. The judge said a citizen was bound to respect and follow the laws of the state. The judge addressed Prof Ismail and said that he should not misuse the relief if he’s granted bail.

    When the judge summoned Prof Ismail to the rostrum, the latter spoke in a harsher tone. This irked the judge, who said the petitioner called himself a teacher, but he did not even know how to talk. The lawyer tried to handle the situation and said his client was suffering from high blood pressure and that his family was facing harassment allegedly by the law enforcement agencies.

    Nevertheless, the court sought an apology from the petitioner and adjourned further hearings until Friday, November 27.

    Prof Ismail was granted conditional bail by the PHC in Oct 2019. A single-member bench of the high court, comprising Justice Qaiser Rasheed, had instructed Prof Ismail to “be careful” in the future while asking him to submit a surety of Rs100,000 as well as personal guarantees from two individuals, a report in Dawn said.

    Gulalai Ismail’s parents are facing charges of financing terrorism, allegedly for funneling money from their daughter toward terrorist activities. They deny the charges and are currently out on bail but have been ordered not to leave Pakistan.

    In October this year, an anti-terrorism court in Peshawar had indicted the parents of rights activist and Pashtun Tahafuz Movement (PTM) leader Gulalai Ismail ‘on charges of actively aiding’ two terrorist attacks carried out by the Tehreek-e-Taliban Pakistan in 2013 and 2015.