Govt gets drubbing in Peshawar High Court

Court gives Khyber-Pakhtunkhwa government two weeks to fix laws related to arrest of people who have been granted bail

PESHAWAR:

Peshawar High Court Chief Justice Ishtiaq Ibrahim was irate over the rearrest of a prisoner who had been released on bail and summoned the Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur, to the court. During the hearing, the CJ asked, "Once bail is granted in a case, how can someone be arrested outside the jail? This is a violation of the court's decision. This is not an isolated case; there are other instances where people are picked up after being granted bail."

When the hearing resumed, Chief Minister Ali Amin Gandapur appeared in court. The chief justice asked him, "What is happening? Why are people being repeatedly arrested?" The CM replied that he was against this practice and that both he and his party have been affected by it.

He added that they are working on amending the Police Act to address this issue. The court gave the provincial government two weeks to legislate on the matter.

During the hearing, the petitioner Ajmer Gul's lawyer, Muhammad Siraj, informed the court that his client's son was granted bail, but as soon as he exited Peshawar Jail, he was picked up again by CTD (Counter-Terrorism Department) personnel.

A video of the incident, showing the CTD taking him away, was also presented. The CJ then asked the Additional Advocate General about the video and the police report. The additional advocate general informed the court that they had notified the police.

"Call the Chief Minister, I am here. In the Asad Qaiser case, the court has already ruled that a person cannot be arrested in another case once bail is granted in one," the chief justice said earlier in the hearing. "This case won't take 10 minutes. Talk to the chief minister and ask him to come."

Khyber-Pakhtunkhwa Advocate General Shah Faisal Uthman Khail informed the court that the chief minister was busy in a law-and-order meeting. "Go ahead and talk to him. I have to issue an order today. This is not an isolated case; there are others too," Chief Justice Ibrahim asserted. The court then summoned the CM.

When the hearing resumed after a break, Chief Minister Ali Amin Gandapur, Additional Chief Secretary for Home Abid Majeed, and the advocate general of Khyber Pakhtunkhwa appeared in court. The chief justice addressed Gandapur, saying, "Mr Chief Minister, the court grants bail, yet people are picked up again. This has happened multiple times. Families of missing persons come to us. In the Asad Qaiser case, the court has ruled that a person cannot be arrested after bail."

The court then played CCTV footage for the CM. He responded that he was against such actions and had also been personally affected by them. He acknowledged that there is room for improvement and mentioned that a committee has been formed to address such issues.

The chief justice reiterated that if the government wants to cancel bail, they should come to court and present their case. If you want to arrest someone, get an order from the court. There are cases like this every day; this is not how arrests should be made."

The advocate general informed the court that amendments are being made to the Public Safety Commission to improve the situation. The CM requested the court to appoint a focal person to assist in these reforms, to which the Chief Justice replied, "Go ahead; the Advocate General is with you."

The court directed the advocate general to submit a report within two weeks and adjourned the hearing until October 21.