Khyber Pakhtunkhwa Law and Parliamentary Affairs Minister Aftab Alam, Advocate, chaired an important meeting through Zoom to review the legal status of various writ petitions and other matters concerning the interpretation and application of law.
Advocate General Khyber Pakhtunkhwa Shah Faisal Utmankhel, Additional Attorney General, Inspector General Prisons Rehan Gul Khattak, Special Secretary Home and Tribal Affairs Shagufta Naveed, and senior officials from the Excise, Law and Home departments and other relevant departments participated in the meeting.
The participants reviewed in detail various sub judice writ petitions, including four writ petitions seeking prohibition, legal opinions provided by the Law Department, discrepancies in relevant laws, and legal opinions of the Advocate General’s Office.
The meeting also discussed the legal concept of acting beyond statutory authority, the applicability of federal laws at the provincial level, and matters relating to jurisdiction. The participants examined circumstances in which the relevant parties could file a Civil Petition for Leave to Appeal (CPLA), particularly in cases involving simultaneous consideration of federal and provincial laws and where conflicting or differing judicial decisions exist.
The meeting also reviewed matters concerning remission granted to prisoners by the Prisons Department and cases in which CPLAs had been filed or could potentially be filed. The cases of prisoners who had already been granted remission, as well as those who had been denied remission, were discussed.
The participants examined the authority to grant or deny remission in light of relevant laws and judicial decisions, including the jurisdiction of the provincial government and concerned departments. Matters relating to proposed amendments to the relevant law were also considered.
The meeting stressed the need to ensure full compliance with court orders and relevant laws and to prepare compliance reports in a timely manner. It was agreed that where a judicial decision adversely affects a legitimate government or provincial interest, the possibility of approaching the appropriate legal forum, including through a CPLA, should be examined strictly in accordance with law.
The participants also agreed to strengthen coordination and consultation among the Additional Attorney General, Excise Department, Law Department, Home Department and other relevant institutions to formulate an effective future course of action.
Law Minister Aftab Alam directed the concerned authorities to ensure full compliance with legal requirements and judicial orders in all sub judice matters. He further directed that effective coordination be maintained between the Advocate General’s Office and the relevant departments to present the government’s position on a strong legal footing before the courts.