PESHAWAR – The Peshawar High Court (PHC) dismissed a petition filed by Awami National Party (ANP) chief Senator Aimal Wali Khan, which sought an investigation into the alleged resettlement of terrorists in Khyber Pakhtunkhwa.
A two-member bench of Peshawar High Court comprising Justice SM Atiq Shah and Justice Sahibzada Asadullah heard the case. During the proceedings, the court expressed its reservations about intervening in matters that it deemed to be political in nature.
The petitioner’s counsel, Babar Khan Yousufzai, argued that the resettlement of militants had created a serious law and order situation in the province and demanded a thorough investigation into the matter. He further requested the court to order the formation of a fact-finding commission to identify those responsible for this policy.
However, the court observed that such matters were best addressed through parliamentary channels and that it was not appropriate for the judiciary to intervene. The judges suggested that the petitioner should raise this issue in the legislature.
The bench also questioned why the petitioner, being a member of the Senate, had not raised this issue in the upper house of parliament.
In response, the petitioner’s counsel argued that they had raised the issue in both the Senate and the National Assembly but had not received a satisfactory response.
The court, while acknowledging the seriousness of the issue, reiterated its stance that it would not interfere in matters that were primarily the domain of the executive and the legislature.
Ultimately, the court dismissed the petition, stating that it was not within its jurisdiction to order the formation of a fact-finding commission in this matter.
The petitioner’s counsel expressed disappointment with the court’s decision and argued that the court had the power to intervene in matters of public interest. However, the court upheld its decision, stating that the petitioner should pursue the matter through political channels.
Background
Aimal Wali Khan had filed the petition on April 21, 2023. He argued that this policy of terrorists resettlement was directly linked to the recent rise in terrorism. Khan, who leads ANP in Khyber Pakhtunkhwa, called for a high-powered fact-finding commission to investigate the issue, demanding accountability for those involved in the process, particularly targeting high-profile individuals and former military officials.
Petition Details and Key Allegations
Khan’s petition primarily focused on the resettlement of militants from Afghanistan into Pakistan, a process that, according to him, endangered national security and undermined the sacrifices made by the military, police, and political workers in combating terrorism. The petition requested that the court issue orders for a thorough investigation and that a set timeframe be provided for the commission to complete its probe. Once completed, Khan emphasized the importance of making the findings public.
Among those named in the petition as respondents were prominent political and military figures, including former Prime Minister Imran Khan, former Chief Minister Mahmood Khan, former ISI Director General Lt Gen (retired) Faiz Hameed, and the federal government. Aimal Wali Khan also mentioned Barrister Mohammad Ali Saif, special assistant to the KP chief minister, as one of the key players in the process of “terrorist rehabilitation.Khan’s petition, filed through his legal team, advocates Babar Khan Yousafzai and Barrister Sultan Muhammad Khan, argued that despite the public and media outcry over the rehabilitation of militants, no concrete steps were taken to address the rising security concerns. The petition claimed that former President Arif Alvi had even granted immunity to over 100 militants, which had been reported in several media outlets.
A Party with Deep Roots in the Anti-Terrorism Struggle
Aimal Wali Khan further justified his petition by highlighting the ANP’s long-standing opposition to terrorism and its history of sacrificing thousands of its workers in the fight against militancy. He reminded the court of the personal risks he and his party face, claiming that he remains on the hit list of terrorist organizations. According to Khan, two would-be suicide attackers targeting him had been arrested in the Mohmand and Bajaur districts.
The petition also underlined the extensive role played by security forces, particularly in Khyber Pakhtunkhwa, in restoring peace, often at the cost of lives. ANP has historically taken a hard stance against militancy, with the party’s leadership, including the late Bashir Ahmad Bilour, falling victim to terrorist attacks. Khan reiterated that the ANP would continue to resist the government’s policy of relocating militants, which he saw as a direct threat to national security.
Despite the gravity of the allegations and the high-profile nature of the respondents, the Peshawar High Court dismissed Khan’s petition. The court did not provide immediate reasons for its decision, but the rejection came after the judges had reserved their judgment following the hearing.
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