PESHAWAR:
The Peshawar High Court (PHC) has ruled that state institutions have failed to implement a major court order in letter and spirit, warning that if effective action is not taken, the court will be forced to pass a harsh sentence.
In a written order issued on a contempt of court petition regarding the implementation of a major court order and related directives, a two-judge bench comprising Chief Justice SM Attiq Shah and Justice Ijaz Khan observed that no tangible progress had been made even after four months.
“The administration has failed to show seriousness and commitment,” the 13-page written order said. “Officials sitting in government departments and positions cannot be allowed to ignore the rule of law and weaken state institutions.”
During the hearing, Chief Secretary Shahab Ali Shah, Additional Chief Secretary (Home) Ikramullah Khan, Inspector General of Police Zulfiqar Hameed, secretaries from various departments, DG Prosecution Rafiq Khan, Advocate General Shah Faisal Utmankhel, Additional Advocate General Numanul Haq Kakakhel and others met before the court.
According to the judgment, the petitioner had filed a contempt plea for non-implementation of major court orders and directives related to the criminal justice system. Notices were issued to the relevant parties seeking answers to the steps taken to comply with court orders.
A supplementary report submitted by the Chief Secretary stated that the implementation of the directives required the involvement of the executive and legislative branches. Guidelines were issued to all stakeholders after the Chief Secretary’s approval. The report noted that a provincial cabinet meeting on March 9 had approved the establishment of a forensic laboratory in Peshawar, with Nespak submitting a PC-I estimating the cost at Rs 20 billion. Amendments relating to Alternative Dispute Resolution (ADR) had also been approved, with a draft bill to be tabled in the provincial assembly. Witness Protection Boards and Units would be established under the Khyber-Pakhtunkhwa Witness Protection Act 2021, with a PC-I prepared to address legal loopholes at a cost of Rs550 million. The police budget had been increased to improve performance and the capacity of prosecutors was improved.
However, the court observed that after going through the report, perfunctory measures were evident instead of full compliance with the decision of larger court, with no progress on the ground. “The management appears to be unable to show seriousness and commitment,” the court observed.
