BANNU: Peshawar High Court Bannu Bench, while issuing a detailed verdict, has declared FIR No. 02 dated September 9, 2024, registered by Anti-Corruption Establishment Bannu against Senior Judicial Officer Judge Humayun Dilawar null and void, while it has also issued an order to initiate legal and departmental action against the relevant anti-corruption officers involved in the case.
During the hearing, Supreme Court lawyer Sawal Nazir Advocate appeared on behalf of the petitioner, Judge Humayun Dilawar, Muhammad Inam Khan Yousafzai Advocate, and Asghar Ahmed Zai as Additional Advocate General on behalf of the provincial government.
The court, in its detailed judgment, held that the inquiry and registration of the FIR against the petitioner violated the Khyber Pakhtunkhwa Anti-Corruption Establishment Rules 1999 and other legal requirements. The judgment stated that extraordinary haste was shown during the proceedings, legal procedure was ignored, and several important facts were not taken into consideration.
The court observed in its judgment that the petitioner is a serving senior judicial officer who had previously delivered the verdict in the Toshakhana case against former Prime Minister and founder of Pakistan Tehreek-e-Insaf Imran Khan as an Additional Sessions Judge, Islamabad. According to the court, the background of the case, the material on record, and the sequence of events raise serious questions regarding malicious and illegal actions.
The honourable court held that criminal proceedings instituted based on such an inquiry amounted to misuse of the process of law and obstruction of justice. On this basis, the FIR and all the proceedings connected thereto were declared null and void, and the petitioner was provided with full legal relief.
The court further ordered that the conduct of the concerned anti-corruption authorities be reviewed, responsibility be determined, and appropriate departmental action be taken as per the law. The Chief Secretary of Khyber Pakhtunkhwa has also been directed to submit a compliance report to the court within 60 days.
