Peshawar High Court (PHC) has declared the Action-in-Aid to Civil Power Ordinance as null and void and unconstitutional. The Ordinance was promulgated by Governor of Khyber Pakhtunkhwa Shah Farman in September 2019.
A divisional bench of PHC headed by Chief Justice Waqar Ahmad Saith and Justice Musarat Hilali heard the writ petition filed by Shabeer Hussain Gigyani against action in aid to civil power act and pleaded that this act is unconstitutional and against the fundamental rights of the citizen of Khyber Pakhtunkhwa.
During hearing of the case the bench directed Inspector General of Police IGP) of Khyber Pakhtunkhwa Dr Muhammad Naeem Khan to take control of the internment centers established few years ago and constitute a committee regarding the release of detainees. Court also directed that the detail report about detainees whom lies in prison in different Centers of KP may submit to competent courts and if anybody is involve in any case while their cases are pending the detail must to be given to PHC through process.
The Action-in-Aid Civil Power Ordinance that has issued by Governor of KP is unconstitutional, unlawful, and can give damages to the people of the province and can only be issued during in an emergency based circumstances or when the session of provincial assembly can't be convened said the petitioner Shabeer Hussain Gigyani advocate.
The petitioner told he had challenged the KP Government enacted two laws KP continuation if laws erstwhile FATA Act 2019 and PATA Act 2018 terming them in conflict with the constitution. The petitioner has also requested to Peshawar high court to declare the internment centers unconstitutional which has been established under the Regulations of 2011.
Copyright Business Recorder, 2019