PESHAWAR: The Peshawar High Court (PHC) on Thursday set aside the expulsion order issued by the administration of North Waziristan against the Pashtun Tahafuz Movement leader Mohsin Dawar.
The order was issued by a two-judge bench comprising Justice Waqar Ahmad Seth and Justice Musarrat Hilali. “For the reason to be recorded later,” said the order issued by the bench, “the writ petition of Mohsin Dawar is allowed and the impugned order regarding his expulsion from the limits of North Waziristan is set aside.” The court has also directed the administration to provide reasons behind the order during next hearing of the case.
The additional Advocate General Qaiser Ali Shah was directed to make sure that the record is produced before the court. However, the administration could not explain any reasons behind the restraining order. The bench allowed Dawar’s writ petition and set aside the impugned notification issued by the political agent as interim relief.
Earlier, the bench directed the administration of North Waziristan to produce reasons behind the expulsion of Dawar from the limits of North Waziristan.
The petition filed through senior lawyer Abdul Latif Afridi prayed for the interim relief to allow the petitioner the right to participate in the political activities since he has submitted his nomination papers for NA-48.
Afridi told the court that his presence before the Returning Officer is mandatory during the scrutiny of the nomination papers. However, the expulsion order has made it impossible for him to do so.
On June 7, the administration banned Dawar from entering North Waziristan for three months for allegedly instigating people through provocative speeches.
Afridi made it clear that the political administration cannot pass an expulsion order after the 31st constitutional amendment under which Fata (Federally Administered Tribal Area) was merged with K-P and the political administration has no authority to utilize section 5 of the MPO 1960 (West Pakistan act).
“It is based on mala-fide and without lawful authority and militates against the fundamental rights of the petitioner,” the lawyer said. “It is directed to defeat Dawar in the 2018 general elections.” He went on to tell the court that the expulsion order is against the fundamental rights of the petitioner and is liable to be struck down.
The administration of North Waziristan and Government of Khyber Pakhtunkhwa through Chief Secretary are the respondents in the case.
The bench allowed the petition and set aside the three-month expulsion order, directing the administration of North Waziristan agency to provide reasons behind the order issued by them before the court during next hearing of the case.