PESHAWAR: The Chief Justice of Peshawar High Court (PHC) Justice S.M. Atique Shah remarked during the hearing of a contempt of court petition for non-implementation of the larger bench’s decisions and directives on the criminal justice system that if any government officer is not doing their work, we will order action against them, on Thursday.
“We had issued directives to strengthen prosecution. This province belongs to 40 million people. The province is burning and there is no one to ask. Southern districts are burning due to terrorism. DI Khan, Karak, Tank – no one can go there. I myself was going to DI Khan, but I was not given clearance due to security reasons. This is not how things should work. If there is political interference, tell us. How shameful that there is no forensic lab in the province. DNA samples from our province are sent to Lahore, and one test costs Rs. 1.1 million. We need a report on concrete steps taken in this regard.”
The court sought a report from the Chief Secretary within one month and adjourned the hearing till July 1. The contempt petition was heard by a two-member PHC bench comprising Chief Justice S.M. Atique Shah and Justice Ijaz Khan.
When the hearing began, Advocate General Shah Faisal Uthmankhel, Khyber Pakhtunkhwa Chief Secretary Shahab Ali Shah, Secretary Home Usman Mehsud, Secretary Finance Kamran Afridi, Secretary Administration, Secretary Law, DG Prosecution Muhammad Rafiq Mahend, and Deputy Secretary Home Qayyum Khattak appeared in court.
The Chief Justice said, “Chief Secretary, tell us why the larger bench’s decision has not been implemented. The report you submitted has nothing substantial. We said to strengthen prosecution – why hasn’t it been done? You are the senior officer of this province. What is happening in this province? If someone is not doing their work, we will take action against them. We told the Advocate General that prosecution department officers do not go to sensitive districts, while our female District and Sessions Judge is posted in Karak and is performing duty there.”
Addressing the Chief Secretary, the Chief Justice said, “If our female judge can perform duty there, why can’t other officers go? People are facing difficulties. Take steps to reduce them. People are selling their children.” The Chief Justice asked where the Additional Chief Secretary Home is.
On this occasion, the KP Chief Secretary and Advocate General told the court that a supplementary report has been submitted in light of the Peshawar High Court’s larger bench decision and implementation of various directions of the court is underway. They told the court that the establishment of a forensic science laboratory has also been included in the ADP and discussions have been held with NESPAK in this regard.
They told the court that the criminal system amendment bill has been received from the Peshawar High Court and will also be placed before the Assembly so that necessary amendments can be made. According to the report, various proposals have been taken to make the dispute resolution mechanism easier, and a bill prepared by the committee on parliamentary affairs and human rights under the Law Minister will be approved by the provincial cabinet.
They told the court that various proposals for improving the investigation system are also under consideration and are being finalized. The Advocate General told the court that a PC-1 has been prepared to remove flaws in various laws, which will cost Rs. 550 million, and the entire responsibility has been given to the relevant department. An AI computer lab is also being set up and data on various matters is being secured.
He told the court that despite economic problems, the Peshawar High Court’s decision is being implemented in letter and spirit, and witness protection boards and victim protection units are also being established for the protection of witnesses in various cases. Chief Secretary Shahab Ali Shah told the court, “Give me two to three weeks, I will look into it myself. We have prepared a report and will share it with the court as well.”
The Chief Justice said, “We give you one month. Look into this matter. We dismissed 21 officers for corruption. Tell us, how many officers were dismissed in 70 years? Remove officers who don’t work. Post good officers. If there is political interference, tell us. If you have any problem, if there is pressure from anywhere, tell us. In this province, most accused in criminal cases are acquitted. This province belongs to 40 million people. The province is burning. Submit a report in one month.”
The bench sought a report from the Chief Secretary and other relevant authorities by July 1 and adjourned the hearing. The court also directed the IGP to submit a report on the proper registration of FIRs and to submit a reply in court on progress regarding the implementation of court orders.
