Tossed out: Applications against former K-P ministers dismissed

The writ of a quo warranto can only be issued against someone who is currently holding an office, a bench maintained.

PESHAWAR:

The Peshawar High Court (PHC) on Wednesday dismissed a quo warranto – a writ requiring a person to show what authority he/she has for holding an office – against former provincial minister Rahimdad Khan.

Farmanullah Khattak, who is a voter from PK-27 – the seat from where Rahimdad won in the last elections – alleged Rahimdad’s degree, obtained from Gomal University, was forged since the varsity’s records stated the roll number belonged to another Rahimdad, son of Bangi Khan, a resident of Lakki Marwat.

During the hearing, a bench comprising PHC Chief Justice Dost Muhammad Khan and Justice Musarrat Hilali observed the writ of a quo warranto can only be issued against someone who is currently holding an office so that he can reply to the show-cause notice issued by the court.

Khattak’s counsel Barrister Amir, however, argued the writ was kept out of the court for five years – the time Rahimdad spent in office. Rahimdad’s counsel Abdul Latif Yousafzai countered the claim saying evidence could not be produced against his client in the said time and that besides Gomal University, not a single authority had disowned the degree. The bench later turned down Khattak’s request.

Separately, the court set aside orders of the Justice of Peace and quashed an FIR registered against former provincial social welfare minister Sitara Ayaz.

Ayaz had accused her ministry’s employee Tahira for sending her threatening text messages which led the police to trace the number and register a case against Tahira. Tahira was later acquitted by the court, however, before that she approached the Justice of Peace and sued Ayaz “for torturing her mentally.” The police was ordered to file a case against Ayaz.

During the case hearing on Wednesday, the bench was told Ayaz never charged Tahira and had only informed the police to file her complaint due to the law and order situation in those days.

The bench maintained the Justice of Peace had misused his powers by directing the police to file a case against Ayaz and termed the order ‘unsustainable’.

Published in The Express Tribune, May 9^th, 2013.