PHC draws blank on K-P House sealing

Court tells petitioner to move IHC instead

PESHAWAR:

The Peshawar High Court has returned the petition against the sealing of K-P House in Islamabad, instructing the Khyber-Pakhtunkhwa advocate general to approach the Islamabad High Court instead.

The hearing of the petition was conducted by Chief Justice Ishtiaq Ibrahim and Justice Waqar Ahmad. During proceedings, Advocate General Shah Faisal Uthman Khail appeared on behalf of the provincial government.

He informed the court that the Capital Development Authority (CDA) had sealed the Khyber Pakhtunkhwa House in Islamabad, even though it is the property of the province. "All provinces have their houses in Islamabad, yet only the K-P House has been targeted. Therefore, the court should issue orders to unseal it."

Chief Justice Ishtiaq Ibrahim inquired who had taken action against K-P House. The AG responded that it was the CDA, a local authority, and not a federal institution. The CJ remarked that the CDA is an autonomous body and a building control authority. Therefore, the matter is beyond the PHC's jurisdiction, he observed.

"Closing down a provincial house is entirely wrong, but since the CDA is a local authority, you should take this matter to the Islamabad High Court."

The advocate general added that K-P House is the property of Khyber Pakhtunkhwa in Islamabad. The chief justice replied to the advocate general that the PHC supported his claim. "However, this action has been taken by an independent body, and you are wasting time. You should go to the Islamabad High Court."

Justice Waqar Ahmad then inquired whether the issue was influenced by any federal government order, to which the advocate general replied in the negative. The CJ emphasised that K-P House belongs to the people of the province, not just the government, but the matter falls outside their jurisdiction.

He further questioned if, for instance, the Peshawar Development Authority took action against someone, would it be right to approach the Islamabad High Court for a remedy? The advocate general responded that K-P House was built in 1975 and its blueprint was made in Peshawar.

The CJ then reiterated that this was not within his court's jurisdiction and advised the advocate general to withdraw the petition and approach the Islamabad High Court. The AG requested that the petition be returned through the registrar so it could be filed in the Islamabad High Court.

After the hearing concluded, the court returned the petition through the registrar, directing him to take the matter to the Islamabad High Court.

Notices issued on Practice and Procedure Ordinance

The Peshawar High Court has issued notices under Section 27-A to the federal government, the attorney general of Pakistan, and the advocate general of Khyber-Pakhtunkhwa, seeking their responses on a petition challenging the Practice and Procedure Ordinance 2024.

The court remarked that it would consider whether a larger bench should hear the case or if the current two-member bench would suffice. Additionally, the court instructed the parties to submit their written responses.

On Tuesday, a two-member bench, consisting of Chief Justice Ishtiaq Ibrahim and Justice Waqar Ahmad, heard the case. Advocate Qazi Anwar and Advocate Chaudhry Ishtiaq Ahmad represented the petitioner, while Deputy Attorney General Sanaullah appeared on behalf of the federal government.

It was argued in court that the Practice and Procedure Ordinance is illegal because the National Assembly and Senate are not fully constituted, meaning the government lacks the authority to amend the constitution.