Matters of jurisdiction: Commissioner directed to unseal properties

PESHAWAR:

Kurram Agency’s political administration has directed the Kohat commissioner to approach the Peshawar Commissioner to unseal properties owned by Shias in Qissa Khwani Bazaar, the Peshawar High Court was informed on Wednesday.

The said properties are located in the provincial capital’s historic market. They were sealed some two months ago on the orders of the agency administration over a dispute among Shias in Kurram.

On Wednesday, Barrister Masood Kausar, counsel for petitioner Khadim Hussain, told bench comprising Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain that the properties belong to the Hussainia Trust and not a single individual.

“The dispute occurred in the tribal areas but the properties were confiscated in the settled areas which are beyond the jurisdiction of the political administration,” contended Kausar. He further said the court cannot exercise its jurisdiction because it is barred by the Constitution under Section 247 (7) but since the case happened in Peshawar therefore the high court has the jurisdiction. “The police in Peshawar came and sealed the properties without giving my client any notice before taking action,” Kausar added.

However, Iqbal Durrani, attorney for the Kurram political administration, quoted Section 48 of the Frontier Crimes Regulation saying an appeal against the political administration’s decision can only be made to the commissioner or additional commissioner within 30 days of the order.

Durrani contended that since a remedy is available to the petitioner, his petition filed in the high court is not maintainable. He added only the hotel had been sealed not the mosque and imambargah.

Moreover, Additional Advocate General Waqar Ahmad Khan questioned that since the Hussainia Trust was declared a proscribed organisation by the political administration how could it have filed a writ petition.

The political administration’s counsel Durrani informed the court that the political administration has written a letter to the commissioner to unseal the said properties.

Published in The Express Tribune, October 23^rd, 2014.