'Gold-smuggling' minors granted bail

Separately, PHC also gives 48 hours to recover children

PESHAWAR:

The Peshawar High Court has ordered the release of four Afghan refugee girls on bail. They were arrested for allegedly being in possession of gold at the Torkham checkpoint.

Justice Ijaz Anwar heard the appeal filed by the girls. During the hearing, their lawyers, Shahid Raza Khan and Bilal Dawoodzai, informed the court that the petitioners are from Afghanistan. The girls, Ayesha, 8, Asma, 10, Faheema, 12, and Faheem, are currently residing at the Child Protection Institute Zamung Kor.

The girls were arrested on July 8, 2024, allegedly by personnel of the former Khyber Rifles Headquarters at the Zero Line, Torkham checkpoint.

Reportedly, 1,227 grammes of gold was recovered from them. They were later transferred to the Customs House in Peshawar, and a case was registered against them. The girls had previously applied for bail in the Special Judge Customs, Taxation, and Anti-Smuggling Court of K-P, but their request was denied on September 11, leading them to appeal to the high court.

Their lawyers argued that the girls are innocent and there is no direct evidence on record against them, claiming that the case against them is baseless. They further noted that, under the law, if a child under 10 commits a crime, it is not considered a crime, and children under 14 are considered immature. Since all the petitioners are under 13 years old, the court granted the bail after hearing the arguments.

Strict deadline to recover minors

Meanwhile, the PHC has ordered the Capital City Police Officer (CCPO) Peshawar to recover six children and present them in court tomorrow. This was in response to a petition filed by a woman seeking the recovery of her children.

The court has issued a brief order in this regard, instructing the CCPO to produce the children at the next hearing. During the hearing, the father informed the court that the children are with the petitioner, the woman, while she denied this claim. The petitioner stated that the children were with their father. The bench, comprising Justice Syed Arshad Ali and Justice Waqar Ahmed, directed the Peshawar CCPO to recover the children and bring them to court by tomorrow, October 3.

The petition was filed by a woman, identified as Ms S, a resident of Peshawar. In her petition, she stated that she married in 2006 and her husband divorced her in 2022. Since then, her ex-husband has kept their six children and has refused to hand them over to her. The petitioner requested the court to recover her six children and hand them over to her.

The court has adjourned the hearing until tomorrow and ordered the CCPO Peshawar to recover the children and present them in court by then.

Rehabilitating terrorists

The Peshawar High Court has dismissed the writ petition filed for the formation of an inquiry commission to identify the facilitators of the alleged resettlement of terrorists.

During the hearing, Justice SM Attique Shah remarked that the court would not interfere in policy matters.

He advised the petitioner, a senator, to raise these issues in the Senate, saying, "Why don't you address these matters there? Form a national jirga, bring all political parties together, and try to resolve this issue. Why are people not fulfilling their responsibilities in parliament? Parliament is supreme; raise these matters there."