PESHAWAR:
The Peshawar High Court (PHC) has ruled that government institutions have failed to implement a broader decision in letter and spirit, warning that if effective measures are not taken, the court will be forced to give a strict sentence.
In a written order issued on a contempt of court petition relating to implementation of a verdict of a larger bench and related directives, a two-member 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 not demonstrated seriousness and commitment,” the 13-page written order states. “Officials holding government positions and departments 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 of various departments, Director General of Public Prosecutions Rafiq Khan, Advocate General Shah Faisal Utmankhel, Additional Advocate General Numanul Haq Kakakhel and others appeared before the court.
According to the judgment, the petitioner had filed a contempt plea for non-implementation of higher court decisions and directives related to the criminal justice system. Notices were issued to interested parties, seeking responses on measures taken to comply with court orders.
A supplementary report submitted by the chief secretary stated that implementation of the directives required involvement of the executive and the legislature. Guidelines were issued to all stakeholders after the approval of the chief secretary. The report noted that a provincial cabinet meeting held on March 9 had approved the establishment of a forensic science laboratory in Peshawar, and Nespak submitted a PC-I estimating the cost at Rs 20 billion. Amendments relating to Alternative Dispute Resolution (ADR) were also approved, and a bill will be introduced in the provincial assembly. Witness protection boards and units would be established under the Khyber-Pakhtunkhwa Witness Protection Act, 2021, and a PC-I would be prepared to address the legal loopholes at a cost of Rs 550 million. The police budget has been increased to improve performance and the capacity of prosecutors is being improved.
However, the court observed that after reviewing the report, superficial measures rather than full compliance with the apex court’s decision were evident, with no progress on the ground. “The administration seems incapable of showing seriousness and commitment,” the court observed.
