Human Righ Cell Peshawar High Court, Peshawar
Human Rights Cell,
Peshawar High Court, Peshawar
Institution & Disposal
Year Institution Disposal Pendency
Year 2014 Year 2015 Year 2016 Year 2017 Year 2018 Visitation Pending
Year 2014 3011 1860 261 453 424 9 4 0
Year 2015 2112 - 1818 227 55 11 1 0
Year 2016 1931 - - 1737 187 4 3 0
Year 2017 3196 - - - 2857 254 21 64
Year 2018 (Jan-May)
1687 - - - - 1392 6 289
Total 11937 1860 2079 2417 3523 1724 26 308
334

 

District-wise & (Major) Category-wise Comparison of Complaints Registered during Last Six Months (Nov-2017 to Apr-2018)

Complaints Converted Into Writ Petitions

 

 

AMENDED STANDING OPERATIONAL PROCEDURE FOR HUMAN RIGHTS CASES

Henceforth, Human Right complaints shall be processed and put up to the Hon’ble Chief Justice after completion of following formalities:

In the following categorization, the applications/complaints will be treated in accordance with the scope/mandate of the Human Rights Cell, Peshawar High Court, Peshawar. The Directors shall issue appropriate directions as suggested under to the concerned agencies/departments after preliminary work of recording statement of the complainant through a set procedure of physical presence of the applicant/complainant, (either in the cell or before the Senior Civil Judge/Political Agent).

 

1. CIVIL COMPLAINTS

S.NO

Nature of complaint

Procedure/Action

Proposed Actions

Approved/Not Approved

  1.  

Misc Cases

The complainant will be advised to seek Legal Remedy, before the appropriate forum.

 

 

  1.  

NGO Related Matters

 

  1.  

Land Dispute

 

 

2. CRIMINAL   COMPLAINTS

S.NO

Nature of complaint

Procedure/Action

Proposed Actions

Approved/Not Approved

  1.  

Murder Cases

If lodging of FIR refused by concerned police then the complainant will be advised to file a petition u/s 22-A CrPC or complaint will be forwarded to area magistrate to be treated as a private complaint u/s 200 CrPC.

 

 

  1.  

Rape Cases

If lodging of FIR refused by concerned police then the complainant will be advised to file a petition u/s 22-A CrPC or complaint will be forwarded to area magistrate to be treated as a private complaint u/s 200 CrPC.

 

 

  1.  

Burn/Acid Throwing Cases

If no response from the concerned police, the complainant be advised to file application u/s 22-A CrPC before District & Sessions Judge or complaint before concerned area magistrate.

 

 

  1.  

Complaint Against    Police

To be forwarded to higher ranking Police Officers of concerned Districts to take necessary actions.

And to seek report and thereafter place before Hon’ble the Chief Justice.

 

  1.  

Jail Complaints

 

i

Payment of Diyat on the request of spouse/siblings or his/her relatives subject to the completion of detention period.

  1. On receiving report of Jail superintendent, the complaint be forwarded to Minister Human Rights/Chairman Administrative Committee for management of fund established under Diyat, Arsh and Daman rules, 2007 for necessary actions and intimation to this office in light of judgment of hon’ble Peshawar High Court, Peshawar, in Writ Petition No.102-P/13 dated: 11-02-2014.
  2. Be forwarded to Regional Director Peshawar, Ministry of Human Rights, for consideration under the Human Rights Relief and Revolving Fund.

 

And all the Jail Complaints whether filed by the Prisoners or their families after receiving report will be placed before Hon’ble Justice Qalander Ali Khan, Administrative Judge of Prisons,for further directions.

 

ii

Transfer of prisoner from one district/sub jail to another district.

In this regard, the complaint will be forwarded to I.G Prisons for disposal at their end.

 

iii

Basic necessities of jail

Jail Superintendent will be asked for report and necessary action or it may be sent to the District & Sessions Judge concerned for redressal during Jail Visit and to be taken up in Criminal Justice Co-ordination Committee Meeting.

 

  1.  

Torture Cases

To be forwarded to higher ranking Police Officers of concerned Districts for inquiry and necessary actions

And to seek report and thereafter place before Hon’ble the Chief Justice for further directions.

 

  1.  

Protection of life

To be forwarded to higher ranking Police Officers of Districts to take necessary actions and preventive measures if required.

 

 

  1.  

Illegal Detention Cases

The complainant will be advised to seek Legal Remedy u/s 491 Cr.PC, before the appropriate forum.

 

 

  1.  

Drug Trafficking Cases

The complainant will be advised to seek Legal Remedy, if so desire and if law permits.

 

 

  1.  

Corruption - Bribery

To be forwarded to Anti-Corruption or NAB or Ehtesab Commission, for necessary action.

 To seek legal remedy.

 

  1.  

Swara

 

To be forwarded to IGP for inquiry and necessary action. If lodging of FIR refused by concerned police then the complainant be advised to file a petition u/s 22-A CrPC or complaint be forwarded to area magistrate to be treated as a private complaint u/s 200 CrPC.

  1. Either be forwarded to Inspector General of Police Khyber Pakhtunkhwa for report and placed before Hon’ble the Chief Justice, and/or
  2. Be forwarded to National Commission of Human Rights for necessary action.

 

  1.  

Child Marriage

 

  1.  

Sale of Human Organ

 

  1.  

Karo Kari Cases

 

  1.  

Kidnapping

 

  1.  

Human Trafficking

 

  1.  

Forced Marriage

 

  1.  

Ghag

 

  1.  

Child Labour

If complaint against respondent, employing child under the ages of 21, 18, 14 in contravention of laws of the Land as stated in: Shops & Establishment Ordinance 1969, Road Transport Workers Ordinance 1961, Factories Act 1934, Merchant Shipping Act 1923, Mines Act 1923, such respondents may be proceeded against and Labour Department, Social Welfare Department and Bait-ul-Mal; be directed to take necessary actions towards the education or rehabilitation of the child.

 

 

  1.  

Theft / Robbery

The complainant will be advised to seek Legal Remedy, if so desire and if law permits.

 

 

  1.  

Criminal Miscellaneous

To be perused and will be dealt with in accordance of  approved S.O.Ps.

 

 

 

3. CONSTITUTIONAL COMPLAINTS

S.NO

Nature of complaint

Procedure/Action

Proposed Actions

Approved/Not Approved

  1.  

Missing Person

  1. If a person is picked by Law Enforcing Agency, then the complaint, after calling of report/comments from the concerned authority be placed before the Hon’ble the Chief Justice suggesting to be converted to Writ Petition.
  2. If found in Internment Centres and detenue declared as Black or Grey, the Incharge Internment Centre is directed to treat the detenue under the law after calling the status of the detenue. The complainant also directed to apply to the concerned Competent Authority for visitation/meeting with the detenue. In case visitation/meeting denied, matter be placed before the Hon’ble the Chief Justice suggesting to be converted to Writ Petition.
  3. If not found or reply not received from concerned authorities despite issuance of Final Reminder, be placed before the Hon’ble the Chief Justice suggesting to be converted to Writ Petition.
  4. If the arrest is attributed to any other than the Law Enforcing Agencies, then the complainant be advised to seek legal remedy u/s 491 CrPC before the concerned District & Sessions Judge.
  5. If a Writ Petition is Pending complainant be advised to apply with the request, and if writ not pending he may be advised to apply to Incharge of concerned Internment Centre. In case visitation/meeting denied, matter be placed before the Hon’ble the Chief Justice suggesting to be converted to Writ Petition.

 

Here in after,

  1. In all cases where the request is for recovery of missing person, after recording of statement, the complaint be put up before Hon’ble Chief Justice for converting into Writ Petition to avoid any delay & duplicity of process.
  2. In all cases/complaints wherein visitation has been requested complaints be forwarded to Focal Person dealing the missing persons cases in Home Department for communicating date of visitation to facilitate the family. However, before complaint is forwarded, complete details of LRs/family members of detenue as per the perfoma  be called from the Petitioner/Complainant to be forwarded with the complaint. These complaints be processed every 03 months in view of SOP of the concerned Department dealing with internees.
  3. In all complaints where either matter is subjudice before Hon’ble High Court in Writ jurisdiction or is pending before the Commissioner--------------------- shall be filed with directions to complainant to persue their matter before the said forum.

 

  1.  

Political Complaints

To be forwarded to Speaker Provincial Assembly KPK or Chief Minister Secretariat KPK, for necessary action.

 

 

  1.  

Minorities Related Matter

To be treated in accordance with the approved S.O.Ps.

 

 

  1.  

Environmental Complaints

 

Be forwarded for report to DG EPA. Thereafter if grievance is not addressed be put up before Hon’ble the Chief Justice suggesting to be placed before the Hon’ble Green Bench.

 

4. BANKING COMPLAINTS

S.NO

Nature of complaint

Procedure/Action

Proposed Actions

Approved/Not Approved

  1.  

Against Bank

  1. Keeping in view the nature of complaint, if it is against the bank official in negligence or omission in the services provided to the customer, may be dealt with by the Superior Authority of the concerned Bank.
  2. Issues pertaining to Banking courts jurisdictions are to be forwarded to concerned Banking courts.

 

 

  1.  

Misc: Cases

To be treated in accordance with the approved S.O.Ps.

 

 

 

5. SERVICE RELATED COMPLAINTS

S.NO

Nature of complaint

Procedure/Action

Proposed Actions

Approved/Not Approved

  1.  

Service Reinstatement Cases

The complainant be advised to seek legal remedy from appropriate forum if so desire and if law permits or complaint be forwarded to concerned department for consideration and necessary action under the law.

 

 

  1.  

Against Government Officer/Official

The head/competent authorities of the concerned department may be directed for disposal of the case by taking necessary action as per prevailing rules and regulation.

 

 

  1.  

Appointments/Recruitment

Report be sought from concerned authority and if required to be placed before HCJ for converting to Writ Petition or may ask to seek legal remedy.

 

 

  1.  

Salary Related

To be forwarded to concerned department for n/a or may ask to seek legal remedy.

 

 

  1.  

Quota

  1. Son Quota:

To be forwarded to Concerned Dept: for necessary action.

  1. Disabled Quota:

To be forwarded to Concerned Dept: for necessary action.

  1. Land Quota:

May seek legal remedy if so desire and if law permit keeping in view the dicta laid down in case law 1993 SCMR page 1287 (c)as:
Art. 27—Policy of making appointments against land grants would amount to sale of public office for property--- Such policy was not only against the Constitutional Law applicable to public office but was also not conducive to public interest---What could be done within the framework of the law was to create a margin of preference for those who made such grants, other conditions of eligibility, suitability and fitness being equal [1294] C.”

And seek report, if not submitted place before Hon’ble the Chief Justice to convert into Writ Petition.

 

  1.  

Pension Related

In reference to the case law laid down by the Hon’ble Supreme Court of Pakistan reported as: 

PLD 2007 Supreme Court 35 -  “We also direct that in future if there is any delay in the finalization of the pension benefits cases of the government servants, widow or orphan children and matter is brought to the notice of this court, the head of the concerned department shall also be held liable for the contempt of the court and shall be dealt with strictly in accordance with law”;

 the matter be sent for necessary actions with intimation to this office.

And for report if not submitted or not satisfactory to be placed before Hon’ble the Chief Justice to convert into Writ Petition.

 

  1.  

ACR

The complainant will be advised to seek Legal Remedy, if so desire and if law permits.

 

 

  1.  

Upgradation

 

  1.  

Against Judicial Officer

Complaint shall be forwarded to the office of MIT for necessary action and copy retained for office record. However, it is suggested that, report be called at intervals for follow-up, to be communicated to the complainant.

And if a monitory corruption allegation to be placed before E.C.C and for other allegations be forwarded to M.I.T office for necessary action.

 

  1.  

Against ministerial staff of Hon’ble High Court

To be forwarded to the office of Registrar for necessary action and copy retained for office record.

Against ministerial staff of District Judiciary call for report from concerned District & Sessions Judge to put up report before Hon’ble the Chief Justice for further orders. If report not submitted to be placed before Hon’ble the Chief Justice.

 

  1.  

Against Advocate

To be forwarded to Khyber Pakhtunkhwa Bar Council, for necessary action.

And seek comments/report and place before Hon’ble the Chief Justice for further orders.

 


6. FAMILY

S.NO

Nature of complaint

Procedure/Action

Proposed Actions

Approved/Not Approved

  1.  

Family Matters/Complaint Against Husband

The complainant will be advised to seek Legal Remedy, if so desire and if law permits.

 

 

  1.  

Visitation/Custody of Minor(s)

 

  1.  

Maintenance

 

  1.  

Dowry

 

 

7. MISCELLANEOUS

S.NO

Nature of complaint

Procedure/Action

Proposed Actions

Approved/Not Approved

  1.  

Working Women Complaints

To seek legal remedy under the “Protection against harassment of Women at Work Place Act, 2010”.

 

 

  1.  

Private Organization

The complainant will be advised to seek Legal Remedy, if so desire and if law permits.

 

 

  1.  

Govt: Organization

The complainant will be advised to seek Legal Remedy, if so desire and if law permits.

 

 

  1.  

Financial Assistant

 

i

For Medical Treatment

The request of complainant may be forwarded to MS of concerned Hospital or authorities of the Bait ul Maal or Social Welfare Department, for necessary action and disposal at their end.

 

 

ii

For General Financial Assistance

The request of complainant may be forwarded to authorities of the Bait ul Maal or Social Welfare department for necessary action and disposal at their end.

 

 

  1.  

Labours

After report from concerned department, to be treated in accordance with the approved S.O.Ps.

 

 

  1.  

Free Legal Aid

    1. Criminal Cases be forwarded to the District & Sessions Judge concerned for necessary actions.
    2. For Civil cases, the request of complainant may be forwarded to the concerned Bar President for facilitation on humanitarian basis.

And be facilitated by providing Counsel as per list submitted by President Bar Association or be forwarded to District & Sessions Judge to consider in the District Legal Aid Committee and report.

 

  1.  

Against pending cases in High Court/District Court

To be placed before HCJ for further directions

And to be forwarded to concerned District & Sessions Judge for report to be placed before Hon’ble the Chief Justice. If directions for expeditious disposal, then call for monthly progress report after every month.

 

First report from agencies in missing person cases and those from District & Sessions Judge be called within a month  and thereafter Reminders will be for 2       weeks.  For all others, reports will be called for within not more than 2 weeks or as directed.
Any matter requiring immediate action, or any matter with respect to administrative order to be placed before the Hon’ble Chief Justice for appropriate orders.


Prepared by:

Syed Ahtesham Ali
Director (Male Section)
Human Rights Cell
Peshawar High Court, Peshawar

 

Haseena Saqlain
Director (Female Section)
Human Rights Cell
Peshawar High Court, Peshawar

 

Approved by Hon’ble the Chief Justice

( Mr. Justice Yahya Afridi)
Hon’ble the Chief Justice
Peshawar High Court, Peshawar

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