A day at PHC: CTD restrained from sending extortion case to military court

Government asked to explain procedure to send cases

PESHAWAR: The Peshawar High Court restrained the counter-terrorism department (CTD) from sending the case of two Afghan nationals—brothers—charged with extortion to military courts. The bench, comprising PHC Chief Justice Mazhar Alam Khan Miankhel and Justice Irshad Qaiser, was hearing a writ petition filed by the accused Hizbullah and Mohibullah on Wednesday.

The bench also sought a reply from the Khyber-Pakhtunkhwa government to explain who has the authority to send cases to military courts. It ordered the government to explain what procedure was being adopted to decide which cases should be sent to military courts.

Representing the petitioners, lawyer Jamil Warsak told the bench the petitioners were charged for demanding Rs1 million in extortion from Muhammad Bashir who is a resident of Faqirabad, Peshawar.

He said CTD arrested the brothers by tracing their phones calls and booked them on July 7, 2015.  Their bail applications were dismissed by the anti-terrorism court (ATC) and the PHC.  Warsak told the court the high court directed the trial court to decide the case within
three months.

“After three months, the petitioners were told CTD recommended the case to the military courts,” he said.

Warsak argued CTD had no authority to send cases to military courts as the K-P government had the power to decide that. He added there were three kinds of procedures for sending cases to military courts: Action in Aid of Civil Power Regulations, Pakistan Protection Act 2014 and 21st Constitutional Amendment.

He contended the ATC has the power to hear the said case and the recommendations of sending the brothers’ case to military courts were illegal and unconstitutional.

The bench directed Additional Advocate General Umer Farooq Adam to file a reply before February 24 and adjourned the case.

Published in The Express Tribune, February 18^th,  2016.