Petitioners term federal decision ‘procedurally flawed’; government cites anti-state activities
A lawyer walks past in front of the Peshawar High Court building. PHOTO: AFP
PESHAWAR:
The Peshawar High Court (PHC) on Wednesday reserved its verdict on a set of petitions challenging the federal government’s decision to ban the Pashtun Tahafuz Movement (PTM), which has been declared a proscribed organisation.
The case was heard by a two-member bench, comprising Justice Sahibzada Asadullah and Justice Dr Khurshid Iqbal.
During the hearing, petitioners were represented by advocates Attaullah Kundi, Jahanzeb Mehsud, and Shah Muhammad, while Deputy Attorney General Sanaullah appeared on behalf of the federal government.
Counsel for the petitioners argued that the federal government imposed the ban on PTM on October 6, 2024, and obtained cabinet approval for the decision within a single day, which he said was in violation of established rules and procedures. He contended that the approval process itself was flawed, noting that eight out of ten cabinet members did not respond to the summary.
Kundi further submitted that the government had failed to provide reasons or evidence for declaring PTM a proscribed organisation. He said allegations of involvement in terrorism had been levelled against the group without disclosing supporting facts or proof. He maintained that PTM is an organisation, not a political party, and therefore does not require registration.
During the proceedings, Justice Asadullah remarked that newspapers and social media were already filled with allegations and reasons, suggesting that the government should formally present them before the court.
On the other hand, the additional attorney general informed the bench that conflicting claims had been made regarding PTM’s leadership, first by Masom Shah and later by Manzoor Pashteen, raising questions about who officially represented the organisation.
He alleged that PTM leaders delivered hate speeches against Pakistan at public gatherings. He further mentioned that they were involved in terrorist activities and ran campaigns against the state on social media, attempting to create distrust among the youth.
He argued that if PTM considered itself an organisation, it should be registered, and if it claimed to be a political party, it should be registered with the Election Commission of Pakistan. The court reserved its verdict on the petitions after hearing arguments from both sides.
