The Peshawar High Court (PHC) has dismissed a petition filed by ANP leader Aimal Wali Khan seeking formation of a high power fact finding committee and a judicial commission to explore the repercussions of the PTI government's policy to resettle TTP operatives in Khyber Pakhtunkhwa (K-P).
In his petition, Senator Aimal had contended that he was aggrieved by the resettlement of the TTP members, a proscribed organization, after the exit of the international forces from Afghanistan in 2021.
He claimed that the K-P in general and the leadership of his party in particular bore the brunt of terrorist activities carried out by the TTP and yet the PTI government in 2022 allowed resettlement of terrorists in the province as a "goodwill gesture".
In its order, the court admitted that for the last few decades, the K-P has suffered a lot from the menace of terrorism.
"Thousands of personnel of law enforcement agencies as well as the civilians embraced martyrdom in the war of terror, besides the loss of the economy in billions of dollars. Terrorism and terrorists badly damaged the reputation of this country [as well as] the people of this province.
"Many renowned political leaders were targeted in the suicide attacks. It would not be out of context to mention that in the recent past, there was hardly a day that passed without a suicide blast."
The court noted that the petitioner has requested formation of a high powered commission to unveil as to what were the reasons for the resettlement of the members of the proscribed group.
"However, the available record suggests that he has not annexed any document that could be found violative of any of his fundamental rights guaranteed to him under the Constitution."
The order said framing of various policies and strategies and then pursuing or enforcing them is the function of the government and no individual can claim as a matter of right his inclusion in the policymaking process.
"No doubt, sometime government does consult private individuals [experts] on fiscal and administrative issues to seek their suggestions, but so far a move to start some peace process and talks with someone on any intricate and sensitive issue is concerned, suffice it to say that neither such process can be put into discussion with any individual or group of individuals nor he or the group can be taken into confidence or associated therewith."
It said the Constitution is based on the basic principle of separation of powers, adding that there are mainly three pillars of state with separate powers.
"Each [pillar] of the state has the power to act in its own sphere of activity. Legislature is to make laws. Executive is to make policies subject to law, implement them, and run the administration.
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