Court matters: Imran’s statement on DRC stay order raises hackles

Advocate general requests PHC for two weeks to prepare case, collect documents.

PESHAWAR: The Peshawar High Court on Tuesday voiced concern over Pakistan Tehreek-e-Insaf Chairman Imran Khan’s criticism of its decision to temporarily suspend the functions of dispute resolution councils (DRC).

Chief Justice Mazhar Alam Miankhel expressed his unease over Imran’s statement. The matter was raised while a bench comprising the chief justice and Justice Muhammad Daud Khan heard a petition filed by Qaiser Khan, a resident of Hayatabad who had challenged a DRC’s proceedings against him in April over a monetary dispute.

During the hearing, CJ Miankhel argued with Advocate General Abdul Latif Yousafzai over the PTI chief’s statement issued on May 29 which expressed dismay over the stay order. He said Imran should be careful about making such statements since the court has yet to decide the matter. Furthermore, the chief justice asked the advocate general if the court should summon the PTI chief to court.

In response, Yousafzai said he would submit a report in this regard on the next date of hearing. He also requested the court to give him two weeks to prepare the case and collect relevant documents.

No response

Member of K-P Bar Council Executive Committee Muhammad Ijaz Sabi informed the court that they have issued a show-cause notice to Mazhar Durrani, a member of the DRC at West Cantt police station where complaints were issued against the petitioner. However, they have yet to receive a response.

Sabi also told the court if a satisfactory response was not received, the matter would be referred to the disciplinary committee of the bar council.

The court then adjourned the hearing of the case till June 16.

A recurring problem

On May 27, the high court had temporarily suspended the functioning of DRCs in the province till June 2.

During the previous hearing, the chief justice had questioned the legal basis of DRCs. He also voiced reservations over the conduct of some DRC members who claimed to be lawyers but had no connection with the profession.

Earlier on May 26, PHC had directed the advocate general to explain the statutory backing for DRCs established in some districts of the province. The direction was issued while hearing Qaiser’s petition. The petitioner had been asked to appear before a DRC over a complaint filed against him in a monetary dispute. According to the petition, Qaiser was asked to voluntarily pay back the money otherwise he would be forced to do so. Moreover, officials of Hayatabad police repeatedly came to his house and asked him to appear before the DRC secretary. The petitioner said the proceedings against him are illegal.

There are currently three DRCs in the provincial capital, four in Nowshera, three in Charsadda and many more in other districts.

Published in The Express Tribune, June 3^rd, 2015.