PESHAWAR: While issuing notices to federal and Khyber Pakhtunkhwa governments on Wednesday in response to plea urging declaration of `verbal` evacuation of residents of Tirah Valley as illegal and unconstitutional, the Peshawar High Court sought comprehensive reply from the respondents in the matter.
A bench consisting of Justice Mohammad Naeem Anwar and Justice Kamran Hayat Miankhel issued the order after preliminary hearing of a petition filed by a lawyer Zarak Khan Afridi, seeking directives for federal and KP governments to immediately accept their responsibility and provide relief, rehabilitation and compensation to displaced population. The petitioner also requested the court to direct the respondents to ensure safe and dignified return of Tirah residents after ensuring security and lawful procedure.
The bench also ordered to club the petition with two earlier petitions on the matter filed by Barrister Saud Javed Dawar and Advocate Mohammad Yousaf Orakzai, which were also fixed for hearing on Wednesday. During a previous hearing of the petition of Barrister Saud, the KPadvocate general, Shah Faisal Uthmankhel, and the additional attorney general, Sanaullah Khan, had denied giving any permission by their respective government for starting a military operation in Tirah Valley of Khyber tribal district.
The provincial secretary relief had also told the court that provincial government had taken steps to mitigate the sufferings of internally displaced persons (IDPs). He had stated that the government had set up five camps for providing emergency support and relief to IDPs, however, the primary focus of provincial government was on providing cash compensation to them. When the bench took up for hearing on Wednesday the plea of Barrister Saud, Shah Faisal Uthmankehl stated that he had submitted reply on behalf of provincial government.
He once again reiterated the stance of provincial government that it had not given permission for any military operation in the area. Similarly, an assistant attorney general also stated that the reply on behalf of federal government had been submitted. Petitioners stated that locals were forced to vacate their houses in extreme harsh weather amid heavy snowfall and raining. They said that so far it couldn`t be ascertained as to who had permitted military operation in Tirah as both the federal and KP governments had been denying the same.
They said that if any of the twogovernments had passed any resolution from the respective legislature for launching the operation, the same might be produced in the court. Petitioner Zarak Afridi claimed that the inhabitants of Tirah were asked verbally by local administration and other relevant field authorities to vacate their homes on pretext of anticipated security and counterterrorism operations in the area. He said that those directives were communicated abruptly that created fear, panic and uncertainty among the civilian population. He claimed that no written order, notification, press release or lawful directive was ever issued to the affected populationregardingsuchevacuation.
Mr Zarak pointed out that on Jan 22, two minor children tragically lost their lives when the vehicle in which they were travelling skidded off a snow-covered road and fell into a ravine. It is pertinent to mention here that in his petition, Barrister Saud has sought directives of the court for respondents including both federal and KP governments to place before the court the mechanism, protocol and guidelines for the protection, safety, rehabilitation and repatriation of IDPs; and, also to place before the court financial policy and packages for displaced families. He also contended that without passage of a resolution by KP Assembly under Article 232 of the Constitution and approval of both houses of parliament, the military operation couldn`t be launched.
