Facilitation: ‘Chitral PHC bench will have powers of division bench’

PHC CJ issues these remarks during proceedings of writ petition

PESHAWAR: Peshawar High Court Chief Justice Mazhar Alam Khan Miankhel remarked the single bench in Chitral district would be empowered to use the powers of a division bench and a notification to this effect would be issued soon.

After delegation of power, the bench would be able to hear constitutional petitions under Article 199 of the Constitution.

The PHC CJ made these remarks while hearing a writ petition filed by Nusrat Bano, a resident of Chitral on Monday. The court was informed the petitioner had married Nawabzada, a resident of Batkhela. However, Bano filed an application for a divorce in 2009 due to domestic issues with her husband and in-laws.

The petitioner’s lawyer, Aminur Rahman, argued the court gave the verdict in the woman’s favour. However, her husband, Nawabzada filed an application for the restoration of their marriage.

He said the court again decided in Bano’s favour on merit, but her husband challenged the decision at a Darul Qaza and another court at Batkhela.

He argued the petitioner would now have to appear at the Darul Qaza in Chitral and before the court in Batkhela which was very difficult.

He asked the court to provide relief by transferring her cases to Peshawar. After hearing the arguments, the bench adjourned the case till the next hearing.

In 2009, Nizam-e-Adl was introduced in Malakand Division of which Chitral is a part. Passed in April 13 of that year, the order officially established Sharia law in the region. The regulation envisaged Darul Qaza (appellate or revision court), besides lower courts.

Published in The Express Tribune, February 23^rd,  2016.