During the hearing, Justice Ejaz Anwar remarked that summoning the police in every case could hinder their ability to perform their duties effectively. He noted that the police admitted to arresting the petitioner but stated that they had not received any court order prohibiting the arrest. “If the police claim they acted on orders from higher authorities, then we would have seen how they could defy court directives,” the judge added.
The hearing began with Additional Advocate General Bashir Naveed and the petitioner’s counsel appearing before the bench. The petitioner’s lawyer argued that his client was arrested under Section 3 of the Maintenance of Public Order (MPO) for protesting against electricity load shedding and was subsequently sent to Dera Ismail Khan Jail, despite having secured protective bail from the court. He contended that the arrest constituted contempt of court as it violated a prior judicial order barring police from detaining his client.
Justice Ejaz Anwar questioned how the arrest could be justified if a court order existed, adding, “Is the police so powerful that it can ignore the judiciary?” The police, in its written reply, stated that they had no knowledge of the court order at the time of arrest and released the petitioner once the order was received.
The court also took note of the fact that 18 FIRs had been registered against the petitioner. His counsel responded that the petitioner was already on bail in those cases.
After hearing arguments from both sides, the bench ruled that there was insufficient evidence to establish contempt of court and dismissed the petition accordingly.
Livestock notification
Meanwhile, PHC has suspended the notification issued by the Livestock Department regarding the premature repatriation of the Project In-Charge for Khyber District, and has issued notices to the Secretary of Livestock and other relevant officials, seeking a formal explanation.
The case was heard by a two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali.
Advocate Aminur Rehman Yousafzai, representing petitioner Naeemullah, the current Project In-Charge of the Integrated Development Package in Khyber District, told the court that his client’s appointment was made in April 2025. However, on July 1, the posting was abruptly withdrawn and he was directed to report back to the parent department.
The counsel argued that the transfer order was issued without the recommendations of the relevant committee, making it procedurally flawed. He further informed the court that the provincial government has already issued a formal policy for project-based appointments.