PHC constitutional bench left in the lurch

Lack of coordination between centre, province root cause

PESHAWAR:

The issue of forming a constitutional bench in the Peshawar High Court has been delayed due to a lack of communication between the federal and Khyber-Pakhtunkhwa governments.

The provincial government has decided to consult further after correspondence from the federal government. K-P Law Minister Aftab Alam stated that the federal government has not yet reached out over the formation of a constitutional bench.

Following the recent 26th Constitutional Amendment, constitutional benches will be established at the federal level as well as in the provinces, and a resolution will be presented in the assembly on this matter.

The provincial government's policy on the formation of a constitutional bench in the Peshawar High Court is still unclear. The Pakistan Tehreek-e-Insaf (PTI) opposed the 26th Constitutional Amendment at the federal level, yet after this amendment, constitutional benches will also be formed in the provinces. Minister Aftab Alam commented that the federal government itself is confused on this matter and has yet to contact the provincial government. The judiciary is also uncertain about implementing this. The minister noted that consultation will occur once the government reaches out, but no decision has been made so far, and this issue has not been discussed in the cabinet yet.

Petition against hearing election plea

A writ petition has been filed in the Peshawar High Court, challenging the objection raised against the tribunal judge hearing the election plea for the PK-73 provincial assembly constituency in the Election Commission of Pakistan.

The writ petition was filed by Advocate Ali Zaman, the PTI-backed candidate from this constituency. The petition names the Election Commission of Pakistan, the successful PK-73 candidate Arbab Waseem, the PK-73 election tribunal, and members of the Election Commission as respondents.

The writ argues that Arbab Waseem of PTI-Parliamentarians, who won from PK-73, objected to the tribunal judge, claiming bias and alleging that the judge is supposedly supporting a particular political party.

Waseem requested the Election Commission to replace the judge and assign the case to another, which the petitioner contends is inappropriate. He argues that such allegations aim to make the tribunal judge controversial, and that the successful candidate is attempting to delay proceedings and the case outcome.

The writ also states that the Election Commission's action on November 6, which involved issuing a notice to Ali Zaman, the PK-73 candidate, is unlawful. The petitioner requests that this notice be declared illegal and void.

Yousafzai statement

PTI leader and former provincial minister Shaukat Yousafzai recorded his statement in the court of Additional District and Sessions Judge Liaqat Ali Khan in a defamation case filed by Asfandyar Wali Khan, leader of the Awami National Party (ANP).

In his statement, Yousafzai clarified that the allegations against Asfandyar Wali Khan were originally made not by him, but the late Azam Hoti, a former federal minister and ANP leader. Yousafzai said that he merely referred to Azam Hoti's statements in a press conference.

He noted that Hoti had made these accusations repeatedly in press conferences and TV interviews, claiming that Asfandyar Wali Khan had betrayed the Pashtuns in the US.