Peshawar High Court stops agencies from acting against former advocate general till October 20
PESHAWAR: A Peshawar High Court bench on Friday stopped law-enforcement agencies from harassing or arresting former advocate general Shah Faisal Utmankhel, ruling that he should not face any action until the next hearing on October 20.
Justice Syed Arshad Ali and Justice Kamran Hayat Miankhel issued the directives in a short order while hearing a petition filed by the former AG against action under the 3MPO.
What the court ordered
The bench directed that the petitioner should not be arrested or harassed until the next hearing in the case, fixed for October 20. Lawyer Yasir Khattak appeared for the petitioner, while advocate general Sanaullah represented the government.
AG Sanaullah told the court he would take up the matter with the respondent officials and ensure that it is effectively resolved shortly.
The petition’s claims
The petition said Utmankhel had served as advocate general — a constitutional and public office carrying substantial professional responsibility.
It alleged that officials or personnel, acting under the authority or instructions of the respondents, raided his residence at Executive Lodges, Warsak Road, Peshawar. According to the petition, the raid took place without disclosing any lawful authority, warrant, written order, notification or specific legal justification to the petitioner or his family members.
The petition said the incident gave rise to a genuine and reasonable apprehension that the petitioner would be unlawfully arrested or detained without due process of law. It added that he feared action under Section 3 of the applicable Maintenance of Public Order law, commonly referred to as the MPO, or under some other provision of law, without lawful justification or compliance with the mandatory legal requirements.
Why it matters
Section 3 of the Maintenance of Public Order law allows preventive detention, and its use has repeatedly been challenged in the courts of Khyber Pakhtunkhwa. A protection order of this kind keeps the petitioner free while the court examines whether the feared action has any legal basis.
The case also comes at a politically charged moment in the province. The PHC has recently dealt with a string of petitions involving detentions and agency action, including the dismissal of Sohail Afridi’s plea against an ECP notice on October 8, and the acquittal of a police inspector whose sentence the court set aside the same week.
The next hearing on October 20 will determine whether the protection continues and how the government responds to the allegations in the petition.
Related reporting:
- PHC sets aside 10-year sentence of police inspector in fabricated evidence case
- PHC dismisses Sohail Afridi’s plea against ECP notice
- LHC bans filming across court premises, warns of phone seizure
- LHC upholds inquiry order against FIA officials accused of coercing ex
Source: Dawn
Frequently asked questions
Who is Shah Faisal Utmankhel?
He is the former advocate general of Khyber Pakhtunkhwa, a constitutional office that serves as the provincial government’s chief law officer.
What did the Peshawar High Court order?
The bench directed that law-enforcement agencies must not arrest or harass him until the next hearing of the case on October 20.
What is the 3MPO?
It refers to Section 3 of the Maintenance of Public Order law, which allows preventive detention and has often been contested in KP courts.
What happens on October 20?
The court will hear the case again and decide whether the protection continues, based on the petition’s allegations and the government’s response.
