PHC refuses to form May 9 commission

Court cites 1985 rules violation in K-P request

PESHAWAR:

The Peshawar High Court has refused to nominate judges for a judicial inquiry into the May 9 incidents, citing that the forum that sent the request is not authorised to do so and is in violation of the Khyber-Pakhtunkhwa Government's Rules of Business 1985.

In a letter sent to the provincial government, the court stated that in this case, the formation of a judicial commission is not possible.

According to sources, Peshawar High Court registrar sent a letter to the provincial government on behalf of PHC Chief Justice Ishtiaq Ibrahim.

The letter stated that the provincial government had requested the formation of a judicial commission on July 26 through the advocate general, asking the chief justice to nominate judges for the commission in light of the provincial cabinet's decision on June 27.

However, the court has refused to nominate judges, stating that the request was sent through an unauthorised forum, which is a violation of the Rules of Business 1985, and therefore, no action can be taken on the request.

Advocate General Shah Faisal Khel had sent a letter in this regard, referring to the provincial cabinet's decision on June 27 and requesting the chief justice to form a judicial commission to conduct an independent investigation into the May 9 incidents and nominate judges for it.

Earlier, the Peshawar High Court (PHC) received a letter from the Khyber-Pakhtunkhwa government to form a judicial commission on the May 9 rioting. The provincial government requested the PHC to nominate judges for the commission as per the law.

At the time, PHC officials told The Express Tribune that they had received a letter from the provincial government regarding the establishment of a judicial commission.

Consultations got underway and a final decision was to be taken, which arrived on Friday. The court decided that the commission could not be formed as the forum lacked the authority to make such a request. The application, which as pointed out earlier was sent to the K-P advocate general, requested a transparent investigation into the May 9 incidents through a judicial commission or tribunal.

The provincial government has requested the PHC to appoint a judge to head the commission, inquiry, or tribunal.

According to media reports, K-P Law Minister Aftab Alam confirmed that the letter, concerning the establishment of a judicial commission to investigate the May 9 events, was dispatched by the provincial government's Establishment and Administration Department.

Alam hoped that the CJ will announce the names for the commission, with a judge from PHC set to head it.

This decision follows the K-P Cabinet's approval of a judicial inquiry into the May 9 events, emphasising the need to identify the main perpetrators involved. Prior to this, the Lahore High Court (LHC) noted that there is no audio or video evidence available on record to prove that former prime minister Imran Khan was behind the attacks on state installations on May 9.

In its five-page written order, the LHC noted that under the Constitution, no illegal restrictions can be placed on anyone's freedom. It said there are higher court rulings regarding physical remand, adding that before remanding a person to custody the judicial magistrate must review the charges.