In the line of fire: PHC issues contempt notices to top bureaucrats

Petitioner claims PAF jet erroneously targeted his house, killing six family members in Hangu district

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued contempt of court notices to the defence and interior secretaries, as well as the chief and home secretaries of Khyber-Pakhtunkhwa for not complying with its order and repeated notices issued to them.

The notices were served after a contempt-of-court petition was filed by Khan Asghar, who claimed non-payment of compensation by the government despite the fact that the PHC had ordered the authorities concerned to pay him the amount.

The petitioner had demanded Rs0.5 million as compensation under the Shuhada package. He stated in his petition that six of his family members were killed while eight others injured when a PAF fighter jet had targeted his house in Zargari area of Hangu district on June 11, 2009.

Ilyas Orakzai, the counsel for the petitioner, argued before a two-member division bench comprising PHC Chief Justice Mazhar Alam Khan Miankhel and Justice Ibrahim Khan that the air force had “erroneously” bombed the residence of his client and therefore he was entitled to the compensation amount.

“Unfortunately, the petitioner was running from pillar to post to gain compensation for the losses suffered,” he said.

The counsel argued that his daughters, Hakima and Aasia, son Abdul Hameed and grandsons -- one-year-old Muhammad Bilal and two-year-old Abdullah -- were killed during the bombing.

He said the government had taken the plea that it did not pay the compensation amount for human and infrastructure losses that the petitioner had suffered, forcing him to file a petition in the PHC.

Orakzai contended that the litigation continued for almost five years, and on March 24, 2016, the PHC ordered the provincial government, the defence and interior ministries to pay compensation to the petitioner.

But the amount has yet to be paid despite clear orders from the court, the counsel said, adding this left the petitioner with no option but to file a contempt of court petition against the authorities concerned.

“The court from time to time issued notices to the respondents to submit their replies, but its orders have continuously been violated,” he pointed out.

Orakzai argued that non-implementation of the court order was tantamount to contempt and urged the bench to initiate contempt proceedings against the respondents.

The bench, accepting the appeal of the petitioner’s counsel, issued contempt of court notices to the respondents, asking them to submit their replies and explain why compensation had not been paid to the petitioner.

Before issuing the order, the chief justice had observed negligence on the part of the police who failed to compile a comprehensive report.

Published in The Express Tribune, November 30^th, 2016.