PESHAWAR:
The Peshawar High Court (PHC) has ruled that government institutions have failed to implement in letter and spirit a broader ruling, warning that if effective measures are not taken, the court will be forced to pass a strict judgment.
In a written order issued on a contempt of court petition regarding the implementation of a broader verdict and associated guidelines, 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 failed to demonstrate seriousness and commitment,” the 13-page written order states. “Officials in government ministries 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 of various departments, DG Prosecution Rafiq Khan, Advocate General Shah Faisal Utmankhel, Additional Solicitor General Numanul Haq Kakakhel and others appeared before the court.
According to the judgment, the petitioner had filed a plea of contempt of court for non-implementation of larger decisions and directions related to the criminal justice system. Notices were sent to affected parties, seeking responses on steps taken to comply with the court orders.
A supplementary report submitted by the chief secretary said that implementation of the directives required the involvement of both the executive and legislative branches. Guidelines were issued to all stakeholders after the approval of the chief secretary. The report said a provincial cabinet meeting on March 9 approved the establishment of a forensic science laboratory in Peshawar, with Nespak submitting a PC-I estimating the cost at Rs20 billion. Amendments regarding alternative dispute resolution (ADR) were also approved, with a bill to be presented to the provincial assembly. Witness protection boards and units would be established under the Khyber-Pakhtunkhwa Witness Protection Act, 2021, with PC-I ready to plug legal loopholes at a cost of Rs 550 million. The police budget was increased to improve their performance, and the capacities of prosecutors were strengthened.
However, the court observed that after reviewing the report, superficial measures were evident instead of full compliance with the decision of the entire court, without any progress on the ground. “The administration seems incapable of showing seriousness and commitment,” the court said.
