| Citation(s) |
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| 2026 SLG 1149 2026 SLD 1149 = 2026 PHC 251 |
Peshawar High Court
Writ Petitions No. 5504-P/2025 and 5560-P of 2025:
Presented By: S. M. Attique Shah, CJ
For the Petitioner(s) M/s. Shabbir Hussain Gigyani and Barrister Amir Khan Chamkani, M/s. Muhammad Waqar and Farman Ullah Sailab, Advocates For the state Mr. Shah Faisal Utmankhel, Advocate General, Khyber Pakhtunkhwa, Noman-ul-Haq Kakakhel and Niaz Muhammad, Additional Advocate Generals. Mr. Sana Ullah, Additional Attorney General for the Federation along with M/s. Fahad Azhar, Law Officer, Ministry of Human Rights and Ghina-e-Sahar Research Officer/ representative of Law and Justice Commission of Pakistan. For the respondent(s) M/s. Mian Aziz Ahmad, Director (Administration), Ibad-ud-Rehman, Director (Monitoring), Siffat Ullah, Director (Legal), Zeeshan Ullah, Deputy Director (Monitoring), Prosecution Department, Muhammad Alam Khan Shinwari, Addl. IG (Investigation), Humayun Masood Sandhu, DIG (Legal & Litigation), Muhammad Asif, AIG (Legal) and Turab Khan, SP (Investigation), CPO, Peshawar. M/S. Zulfiqar Hameed, Inspector General, KPK, Javed Qamar, Additional IG, CTD, M/S. Zafar Abbas Mirza Anwar Khan, Senior Law Officer, CTD, Mr. Jehanzeb Khan Shinwari, DG, KP Judicial Academy. Mr. Muhammad Abid Majeed, Additional Chief Secretary, Home & Tribal Affairs Department, Mr. Akhtar Saeed Turk, Secretary Law, Mr. Amir Tareen Sultan, Secretary Finance, Mr. Abdul Hameed, Deputy Secretary (Litigation), Mr. Khalid Iqbal, Special Secretary, Finance Department, Ms. Robin Haider Bukhari, Director General, Prosecution, Mr. Manzoor Niaz, Legal Advisor to IGP, Mr. Amir Khan, Section Officer Dev-II, Finance Department. On Court Notice: M/s. Muhammad Nisar Khan, Tafseel Khan Afridi, Muhammad Tariq Yousafzai, Sahibzada Riazat-ul-Haq, Abdul Saboor Khan (Mansehra), Junaid Anwar Khan (Mansehra), Syed Akbar Ali Shah, Khizar Hayat Khazana, Saif Ullah Khan Mohmand, Muhammad Sareer Khan, Astaghfirullah, Badi-uz-Zaman (Buner), Ahmad Farooq Khattak (Karak), Tayyab Zaman, Atif Jadoon, Sahibzada Sikandar, Sarfaraz Khan (Chakdara), Mian Faheem Akbar, Raza Ullah (Mingora), Dr. Syed Akhtar Ali Shah, Ijaz Khan, Mian Arshad Jan, Imtiaz Khan, Yousaf Shah Mohmand, Saeed Khan, Sareer Khan, Farhat Ullah Khan, Amin-ur-Rehman, Khurram Ghias Khan, Advocates and Mian Naseeb Jan, Retired SP, Syed Asghar Ali Shah (R) District & Session Judge. Research Assistance: Riaz Aslam Daavi, SRO, PHCP Date of Hearing: 11.09.2025, 09.10.2025 & 06.11.2025
Writ Petitions No. 5504-P/2025 and 5560-P of 2025:
Presented By: S. M. Attique Shah, CJ
For the Petitioner(s) M/s. Shabbir Hussain Gigyani and Barrister Amir Khan Chamkani, M/s. Muhammad Waqar and Farman Ullah Sailab, Advocates For the state Mr. Shah Faisal Utmankhel, Advocate General, Khyber Pakhtunkhwa, Noman-ul-Haq Kakakhel and Niaz Muhammad, Additional Advocate Generals. Mr. Sana Ullah, Additional Attorney General for the Federation along with M/s. Fahad Azhar, Law Officer, Ministry of Human Rights and Ghina-e-Sahar Research Officer/ representative of Law and Justice Commission of Pakistan. For the respondent(s) M/s. Mian Aziz Ahmad, Director (Administration), Ibad-ud-Rehman, Director (Monitoring), Siffat Ullah, Director (Legal), Zeeshan Ullah, Deputy Director (Monitoring), Prosecution Department, Muhammad Alam Khan Shinwari, Addl. IG (Investigation), Humayun Masood Sandhu, DIG (Legal & Litigation), Muhammad Asif, AIG (Legal) and Turab Khan, SP (Investigation), CPO, Peshawar. M/S. Zulfiqar Hameed, Inspector General, KPK, Javed Qamar, Additional IG, CTD, M/S. Zafar Abbas Mirza Anwar Khan, Senior Law Officer, CTD, Mr. Jehanzeb Khan Shinwari, DG, KP Judicial Academy. Mr. Muhammad Abid Majeed, Additional Chief Secretary, Home & Tribal Affairs Department, Mr. Akhtar Saeed Turk, Secretary Law, Mr. Amir Tareen Sultan, Secretary Finance, Mr. Abdul Hameed, Deputy Secretary (Litigation), Mr. Khalid Iqbal, Special Secretary, Finance Department, Ms. Robin Haider Bukhari, Director General, Prosecution, Mr. Manzoor Niaz, Legal Advisor to IGP, Mr. Amir Khan, Section Officer Dev-II, Finance Department. On Court Notice: M/s. Muhammad Nisar Khan, Tafseel Khan Afridi, Muhammad Tariq Yousafzai, Sahibzada Riazat-ul-Haq, Abdul Saboor Khan (Mansehra), Junaid Anwar Khan (Mansehra), Syed Akbar Ali Shah, Khizar Hayat Khazana, Saif Ullah Khan Mohmand, Muhammad Sareer Khan, Astaghfirullah, Badi-uz-Zaman (Buner), Ahmad Farooq Khattak (Karak), Tayyab Zaman, Atif Jadoon, Sahibzada Sikandar, Sarfaraz Khan (Chakdara), Mian Faheem Akbar, Raza Ullah (Mingora), Dr. Syed Akhtar Ali Shah, Ijaz Khan, Mian Arshad Jan, Imtiaz Khan, Yousaf Shah Mohmand, Saeed Khan, Sareer Khan, Farhat Ullah Khan, Amin-ur-Rehman, Khurram Ghias Khan, Advocates and Mian Naseeb Jan, Retired SP, Syed Asghar Ali Shah (R) District & Session Judge. Research Assistance: Riaz Aslam Daavi, SRO, PHCP Date of Hearing: 11.09.2025, 09.10.2025 & 06.11.2025
Asif Ullah (Petitioners)
VERSUS
Government of KPK and others (Respondents)
Law: Constitution of Pakistan, 1973
Section: 199,4, 9, 10-A, 25
Law: Code of Criminal Procedure, 1898
Section: 173,476,154
Law: Pakistan Penal Code, 1860
Section: 166,186
PREFACE The foremost duty of the State is to protect the life, liberty, and property of its citizens against external aggression and internal disorder. Every sovereign State exists to defend its territorial integrity and to secure peace within, so that its constitutional purposes may be fulfilled. Pakistan, with its written Constitution as the supreme law, ensures fundamental rights and structures governance through its Executive, Legislature, and Judiciary. To realise these objectives, the State builds and sustains its institutions, and entrusts specialised law enforcement agencies with the grave responsibility of preserving public order and securing peace. The functioning of these law enforcement agencies is regulated by a comprehensive body of criminal laws which forms the backbone of the criminal justice system, ensuring accountability, order, and the rule of law. However, this system designed to uphold the rule of law and deliver justice is beset by structural deficiencies, operational weaknesses, and procedural flaws. Rising crime rates and the widespread perception that the criminal justice apparatus fails to prevent offences, ensure fair investigation, prosecute effectively, or secure timely convictions, cast serious doubt on its efficacy. It is against this backdrop, and in pursuit of constitutional justice, that the petitioners have invoked the extraordinary jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (“Constitution”), seeking enforcement of their fundamental rights and redress of systemic lapses in the criminal justice system that threaten public order and the rule of law. INTRODUCTION OF WRIT PETITIONS In W.P. No. 5504/2025, the petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution, alleging deep-seated systemic flaws in the criminal justice system of Khyber Pakhtunkhwa. He asserts that due process, fair trial, and fundamental rights guaranteed under Articles 4, 9, 10-A, and 25 are routinely undermined. Styled as public interest litigation, the petition highlights deficiencies in investigation, prosecution, and forensic practices,…