Decision made: PHC declares sealing of imambargah illegal

Court told Kurram’s political administration has no jurisdiction in settled areas to issue such orders.

PESHAWAR: An order issued by the Kurram Agency political administration to seal properties situated in the provincial capital over a dispute in the agency has been declared illegal by the Peshawar High Court.

The order issued by Kurram political agent (PA) five months ago was declared illegal by the bench of Chief Justice Mazhar Alam Miankhel and Justice Abdul Latif Khan on Thursday. Petitioner Khadim Hussain had challenged the PA’s order in the high court.

At Thursday’s hearing, Hussain’s counsel Barrister Masood Kausar told the court that following a dispute between Shias in Kurram Agency, the political administration had ordered that the petitioner’s properties in Qissa Khwani Bazaar be sealed.

Kausar said the sealed properties, which include a mosque, hotel and imambargah, belong to the Hussainia Trust and not any one person. He added the dispute occurred in the tribal areas but the properties were confiscated in the settled areas which are beyond the jurisdiction of the political administration.

He further said the properties were sealed under Section 21 and 22 of the Frontier Crimes Regulation (FCR), but in this case mala fide intentions were involved.

Kausar also pointed out that the high court does not have jurisdiction over the tribal areas under the Constitution, but since the case happened in Peshawar, the high court can exercise its powers.

Every citizen has the right to practice their religion and the state cannot intervene, said the lawyer while quoting Article 20 of the Constitution. “Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.”

However, Iqbal Durrani, attorney for the Kurram political administration, while quoting Section 48 of the FCR contended that appeal against the political administration’s decision can only be made to the commissioner or additional commissioner within 30 days of the administration’s order which have passed.

After hearing arguments from both sides, the high court declared the political administration’s order of sealing the three establishments illegal.

Published in The Express Tribune, March 13^th, 2015.