PESHAWAR: The Peshawar High Court (PHC) on Saturday clarified that protective bails granted to several Pakistan Tehreek-i-Insaf (PTI) lawmakers and leaders, including Khyber Pakhtunkhwa Chief Minister Sohail Afridi, are intended solely to facilitate their appearance before relevant courts, and cannot be used to participate in protests or other anti-state activities.
The ruling, delivered by a bench comprising Justice Syed Arshad Ali and Justice Mohammad Faheem Wali, emphasized that any misuse or attempt to extend the scope of protective bail beyond court appearances could result in legal consequences, including proceedings in accordance with the law.
The decision was issued on petitions filed by former National Assembly Speaker and current MNA Asad Qaiser, along with other PTI leaders, including MNAs Sheikh Waqas Akram, Naseem Shah, Faisal Amin Khan, Shandana Gulzar, Noorul Haq Qadri, Yousaf Ali, Senator Khurram Zeeshan, and MPAs Sohail Afridi and former Chief Minister Ali Amin Gandapur.
The court noted that Qaiser’s petition sought details of cases registered against him and the protective bail granted in those cases. The bench observed that since key legal issues, as highlighted by the federal prosecutor general and other counsels, were involved, the matter would be referred to the Chief Justice for the formation of a larger bench.
In its order, the court directed the Islamabad Chief Commissioner to serve as the focal person between petitioners and law-enforcement agencies at both federal and Islamabad levels. The petitioners were instructed to submit applications seeking details of their involvement in criminal cases within three days. Upon receiving these applications, the Chief Commissioner was required to obtain records of all relevant cases and provide them to the petitioners within seven days.
The PHC issued directives in a four-page detailed decision on the petition of former NA speaker and current MNA Asad Qaiser and other PTI leaders.https://t.co/O5JZdMjzg9
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Once the records are provided, the petitioners must approach or surrender before the appropriate court within three days for bail or any other available legal remedy, the bench clarified.
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The PHC also consolidated petitions filed by other lawmakers, including Senator Mashal Azam and MNAs Atif Khan and Shahid Khattak, with the main cases.
Federal Prosecutor General Ghulam Sarwar Nehung had argued that petitioners had repeatedly sought protective bail without complying with earlier court directions, remaining on bail for extended periods without joining investigations in other provinces. He also highlighted the lack of a uniform court policy regarding omnibus bail, citing Supreme Court guidelines.
Representing the petitioners, lawyers contended that the delay was due to the respondents’ failure to provide complete details of all First Information Reports (FIRs), which had caused procedural delays in the proceedings.
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