Major Relief For Humayun Dilawar As High Court Declares FIR Illegal

The Peshawar High Court's Bannu Bench has declared null and void a corruption case registered against senior judicial officer Judge Humayun Dilawar by the Anti-Corruption Establishment (ACE) Bannu, and has ordered legal as well as departmental action against the concerned anti-corruption officials.

A two-member bench comprising Justice Tariq Afridi and Justice Sabetullah Khan, in its detailed judgment, declared FIR No. 02 dated September 9, 2024, registered by the Anti-Corruption Establishment Bannu, unlawful and ordered its cancellation. The court also directed the Chief Secretary of Khyber Pakhtunkhwa to submit a compliance report within 60 days.

In its ruling, the court held that the inquiry and registration of the FIR against Judge Humayun Dilawar were in violation of the Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1999, and other legal requirements. According to the judgment, the inquiry was conducted with unusual haste, due legal procedure was ignored, and several important facts were overlooked.

The detailed judgment stated that the background of the case, the material available on record, and the sequence of events raised serious questions regarding mala fide intent and unlawful actions. The court observed that initiating criminal proceedings on the basis of such an inquiry amounted to an abuse of the legal process and an obstruction to justice.

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The court further noted that the petitioner is a serving senior judicial officer who had previously served as an Additional Sessions Judge in Islamabad and had delivered the verdict in the Toshakhana case against former Prime Minister and PTI founder Imran Khan.

The court quashed the FIR and all related proceedings, granted full legal relief to Judge Humayun Dilawar, and ordered a review of the conduct of the relevant anti-corruption officials, directing that action be taken against those found responsible in accordance with the law.

During the hearing, Supreme Court lawyer Saawal Nazeer Advocate appeared on behalf of Judge Humayun Dilawar, while Shahsawar Khan Advocate and Malik Zeeshan Khan Advocate attended the proceedings via video link.

Representing the state were Muhammad Inam Khan Yousafzai and Asghar Ahmadzai as Additional Advocate Generals, Najeebullah Khan as Assistant Advocate General, and DSP Anti-Corruption Razaullah Khan.

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