PHC seeks responses on PTM ban challenge

A bench of the Peshawar High Court, consisting of Chief Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah, has asked the federal and provincial governments to respond to a petition challenging the Centre's decision to declare the Pashtun Tahafuz Movement (PTM) a banned organisation.

The petition also challenged including the movement's leaders and members in the First Schedule and Schedule 4. The petition requests that the ban on the organisation be declared illegal and unconstitutional, while also urging the removal of PTM leaders' names from these lists.

Representing PTM chief Manzoor Ahmed Pashteen and others was Advocate Ataullah Kundi, while Additional Attorney General Sanaullah appeared for the federal government, and K-P Additional Advocate General Inam Yusufzai represented the provincial government.

The petition named the federal interior secretary, K-P chief secretary, provincial IGP, the additional home chief secretary, and Peshawar CCPO as parties to the case.

During the hearing, it was argued that PTM, established in 2014, worked to protect Pashtun and people's basic rights, rule of law, accountability, and peaceful solutions to issues like extrajudicial killings and missing persons.

"PTM's movement is inspired by Abdul Ghaffar Khan's non-violence philosophy," he said.

According to Ataullah Kundi, PTM has consistently opposed all forms of violence, seeking peaceful solutions for the region's problems. He added that for this purpose, PTM organided a Pashtun National Jirga in Regi Lalma, Khyber District, on October 11. The lawyer clarified that this provided a platform for Pashtuns to present their concerns to the government.

"However, the federal government launched a crackdown against them; security personnel disrupted the event, dismantled tents, and arrested over 100 workers under the 3 MPO, which [we] considered illegal and a violation of fundamental rights.

He pointed out that on October 6, the federal government issued a notification declaring PTM a banned organisation under Section 11-B of the Anti-Terrorism Act 1997, stating that PTM was involved in anti-state activities and posed a threat to peace and security.

PTM then approached the Peshawar High Court, where the government provided reasons for the ban.

The petition argued that amendments made by the government to the Terrorism Act in 2014 are unconstitutional, violating Article 10-A of the Constitution, as they allow individuals or organisations to be banned or detained without notice or the chance to be heard.

The movement believed such actions infringed on the principles of a fair trial that the Constitution guarantees. Subsequently, the government included PTM and its leaders in the First Schedule and Schedule 4 of the ATA 1997.

The petition called for the immediate removal of PTM's name from these lists, declaring Sections 11-B and 11-EC of the ATA 1997 unconstitutional, nullifying the government's notification and decision, and preventing any action against PTM members. After hearing the arguments, the court requested a response from the relevant authorities.