Reopened: PHC suspends orders to seal chemical factory

Appeal demanding disqualification of MNA dismissed by bench

PESHAWAR: The Peshawar High Court suspended the excise and taxation department’s order to seal a chemical factory and issued notices to the director general and collector.

A bench, comprising Justice Qaiser Rasheed and Justice Syed Afsar Shah, also ordered the authorities to reopen the factory. The bench was informed the factory was sealed on May 3.

The petitioner told the bench that the department had sealed the factory because it was producing hazardous chemicals which can adversely affect lives of labourers. The action was carried out after an excise and taxation officer (ETO)’s report, the petition added.

Petitioner’s counsel argued the ETO was not a resident of Mardan and had sealed the factory last year as well. The ETO also appeared in front of Justice Qaiser Rasheed for the hearing.

Dismissed

Meanwhile, an appeal made against an MNA was dismissed by a bench headed by PHC Chief Justice Mazhar Alam Miankhel on Friday. The petitioner, former senator Hameedullah Jan, demanded the disqualification of MNA Nasir Khan from NA-46, Khyber Agency. The MNA had previously contested elections against Jan.

The respondent’s lawyer Abdul Samad Khan said Nasir was a democratically elected member of the National Assembly from his constituency. He added the petitioner had also previously challenged his qualification at the election tribunal on March 25, 2014. As a result, the tribunal disqualified the respondent from contesting elections but he turned up to the Supreme Court to contest the tribunal decision.

However, the Supreme Court directed his case to PHC where the division bench set aside the tribunal’s verdict and restored his membership.

Jan said Nasir should not have filed the case at PHC after he was asked to withdraw the case from the apex court. But the respondent’s lawyer said Jan’s objection was baseless as withdrawing the case from apex court meant he would file a case at PHC.

He requested the bench to dismiss the application and it was approved by the bench.

Published in The Express Tribune, June 25^th, 2016.