PHC bars inclusion of former PTI lawmakers on fourth schedule

Court issues order restraining provincial government from initiating any action against applicants


Our Correspondent January 05, 2024
A lawyer walks past in front of the Peshawar High Court building. PHOTO: AFP

PESHAWAR:

The Peshawar High Court (PHC) barred on Friday the inclusion of former lawmakers from Pakistan Tehreek-e-Insaf (PTI) to the fourth schedule.

Justice Waqar Ahmed, presiding over the case, considered the petitions opposing the inclusion of PTI's former assembly members in the fourth schedule. Dismissing the petitions, Justice Ahmed also sought a response for the next hearing.

Additionally, the court issued an order restraining the provincial government from initiating any action against the applicants.
An individual is placed in the fourth schedule under the Anti-Terrorism Act, 1997 when there is credible intelligence-information against him of being linked to a proscribed organisation. The person is then subjected to restrictions on travel, speech and business.

During the proceedings, Syed Sikandar Hayat Shah, the lawyer representing the petitioner, presented arguments and evidence supporting the contention that the recommendation to include former assembly members in the fourth schedule had been formally made. He stated that the petitioner himself is a former assembly member and a victim of terrorism.

Attorney General Daniyal Chaudhry apprised the court that the district anti-terrorism coordination committee had recommended the inclusion of these names in the schedule, yet the actual inclusion had not taken place.
Subsequently, the court, while preventing the provincial government from taking any action against the petitioners, ordered the provincial government to submit a response by January 23.

The list of individuals recommended for inclusion in the fourth schedule includes former Speaker Asad Qaiser, along with former members Amjad Ali, Gul Zafar, Iftikhar Mashwani, Mian Sharifat Ali, Abdul Salam, Zaher Shah, Fazal Hakim, and others.

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