D.I.KHAN:A Peshawar High Court, Dera Ismail Khan bench, on Monday maintained its earlier order regarding suspension of a notification issued by the Khyber Pakhtunkhwa government which had enabled individuals to approach the competent forums for the registration of criminal cases against Pakistan Democratic Movement leaders.
A division bench of Justice Muhammad Faheem Khan Wali and Justice Shahid Khan while accepting a civil miscellaneous plea of Ahmed Kundi, brother of former speaker of National Assembly Faisal Kareem Kundi further suspended the already impugned notification.
The bench in its order observed that the same notification was already suspended by this court on August 26 in the pending writ petition, so no new position could be taken and the same would remain suspended till next date of hearing.
The court further issued a notice to the advocate general, present in the court, to submit comments of the respondent secretary administration department KPK, within fortnight, over a plea seeking declaration of the notification dated 19.8.2022, as clear violation of the provisions of CrPC and liable to be declared as void ab-initio.
The KPK administration department had issued a notification on August 19, invoking powers under CrPC 1898 and in pursuance of the cabinet decision.
It is pertinent to mention, the Additional Assistance Commissioner DIKhan was empowered to receive a written complaint(s) from Ali Ameen Gandapur or any other interested party and then local police was coerced to lodge FIRs and pursue the cases within the respective jurisdiction.