Humayun Khan

PESHAWAR: Peshawar High Court (PHC) reserved judgment on a writ petition filed against placing Provincial Minister Meena Khan’s name on the Exit Control List, on Wednesday.

On this occasion, Chief Justice S.M. Atique Shah remarked: “For 13 years the government in the province has been yours. What have you people done till now? People of the southern districts are burning in fire. In 6 months you people have not implemented the decision on the Criminal Justice System. Yesterday you people were standing here as victims saying injustice is being done to us. In one day we gave bail to you people in 246 cases. 90 of your cases are still pending. We started self-accountability. 12 years of your government have passed, name 12 people you have dismissed. We punished one lawyer with 6 months, ended service of 30 judges. If the decision is not implemented we will take action against those responsible.”

The writ of Meena Khan Afridi was heard by a two-member bench comprising Chief Justice Peshawar High Court Justice S.M. Atiq Shah and Justice Ijaz Khan Sabi. When the hearing began, Provincial Minister Meena Khan Afridi appeared along with his counsel Bashir Khan Wazir. The counsel told the court that his client is a provincial minister whose name has been placed on the ECL. Since he has to go for a paper, his case should be heard. The Chief Justice said, “Meena Khan, go quickly, take your paper and then come back. We will hear your case later. Also bring the Law Minister of KP and the Advocate General.”

On resumption of hearing after the break, Provincial Minister Meena Khan Afridi appeared in the Chief Justice’s court. The Chief Justice asked why no one from the Provincial Law Minister and Home Department appeared. Additional Advocate General told the court to give some time, they will inform them again. The Chief Justice said, “We will sit till 8 pm but produce them.” The court adjourned the hearing again.

After the break, when hearing resumed, the Chief Justice asked where the Provincial Law Minister was and why he had not appeared. Additional Advocate General told the court he is busy in a budget preparation meeting. On this, the Chief Justice expressed displeasure and said, “Why didn’t the Law Minister come? Call him. Meena Khan is an important cabinet member. He has come here, why can’t the Law Minister come? The Law Minister doesn’t have that much work with the budget. Where is the Advocate General?”

Additional Advocate General told the court that the Advocate General is in Islamabad. The Chief Justice said, “Also call the Advisor of the Home Department.” During the hearing, Law Minister Aftab Alam, Provincial Minister Meena Khan Afridi, and Advisor Home Department appeared in court.

The Chief Justice said, “The authority of 5 crore people of this province is with you people. Out of 100 accused, only 6 are getting sentences in the province. The conviction rate is very low, the reason being weak investigation and prosecution. Yesterday you people were standing here as victims saying injustice is being done to us. The government in the province has been yours for 13 years. What have you people done? People of the southern districts are burning in fire. In 6 months you people have not implemented the decision on the Criminal Justice System. In one day we gave bail to you people in 246 cases. This High Court gave bail to 2,246 political figures. 90 of your cases are still pending. We started self-accountability. 12 years of your government have passed, name 12 people you have dismissed.

We punished one lawyer with 6 months, ended service of 30 judges. When Ali Amin Gandapur came as Chief Minister we gave him bail. When oath was not being administered to Sohail Afridi, he came to us and we gave him relief too. If the decision is not implemented we will take action against those responsible. Each of your prosecutors has been sitting in one district for 12 years. I transferred them across the province, did you see what happened to you people? If you don’t support us then at least don’t create hurdles in our way.” Law Minister Aftab Alam told the court that implementation is underway on all the points you mentioned. We are implementing the orders of the larger bench, we also held a meeting yesterday.

The Chief Justice said, “We gave training to senior judges at the Judicial Academy. You people should also train your officers so they can work. Accountability is also necessary.” Advocate General Khyber Pakhtunkhwa Shah Faisal Utmankhel appeared via video link. The Chief Justice asked the Advocate General, “Advocate General sahib, where are you right now?” He said, “I am in Islamabad, I appeared in cases at the Federal Constitutional Court.”

The Chief Justice said, “Today Meena Khan Afridi’s petition was fixed for hearing before us. We took advantage of this opportunity and summoned the Law Minister. We talked to him for implementation of the larger bench orders.” The Advocate General told the court, “I am returning to Peshawar, I will meet the Chief Secretary and ensure implementation of court orders.”

During this, the Chief Justice asked the Provincial Minister, “Meena Khan, what is your issue, tell us.” Meena Khan’s counsel told the court that Meena Khan Afridi is going to Germany and cannot travel abroad due to his name being on the ECL. On this the Chief Justice said, “Why are you so late? Today is 4th June.” The petitioner’s counsel told the court his flight is on 7th June. The Chief Justice said, “Meena Khan, why don’t you go to Islamabad High Court?” The Provincial Minister’s counsel told the court that his flight is from the airport, therefore he came to Peshawar High Court.

The court directed the Deputy Attorney General to find out why his name was placed on the ECL and whether there is any FIR against the petitioner. The petitioner’s counsel told the court that currently there is no FIR against the petitioner. The FIRs that exist, he is on bail in those. Addressing the Deputy Attorney General, the Chief Justice said, “Deputy Attorney, find out whether the petitioner’s name is on the ECL, on PNIL, then tell us.” After arguments were completed, the bench reserved judgment and said, “We will pass an order in this.”

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