Agitated lawyers: Imposition of Section 144 declared illegal

Court rules DC cannot implement section for over two days

NOWSHERA: A two-member bench of the Peshawar High Court has declared the imposition of Section 144 by the Nowshera deputy commissioner to stop lawyers from protesting as illegal.

The lawyers had announced a protest at the DC’s office against the latter’s action of raiding a senior lawyer’s house. In a short order issued on Thursday, the bench of Waqar Ahmad and Yahya Afridi ruled that the deputy commissioner does not have the authority to impose Section 144 for more than two days.

Agitated over the issue, Nowshera Lawyers Association President Numanullah Kakakhel said the deputy commissioner misused his authority as he cannot impose the section beyond two days or declare an emergency in the area. “The deputy commissioner has disrespected the lawyers, [therefore] they have asked the court to take action against him,” Numanullah said after the court issued the order.

The association’s president said they have called a convention of lawyers in Nowshera at which they will also protest against the deputy commissioner for raiding the houses of senior lawyers in the district and putting them behind bars under Section 3 of the Maintenance of Public Order.

Although Nowshera DC Iftikhar Alam had denied the lawyers’ claim and clarified that he imposed the section due to security concerns, the legal fraternity said he misbehaved with one of their colleagues when he went to his office with a revenue related case. They also said he raided a senior lawyer’s house a few days ago.

Published in The Express Tribune, July 22^nd, 2016.