K-P to set up May 9 commission

The Khyber-Pakhtunkhwa government has decided not to write another letter to the Peshawar High Court to form a judicial inquiry into the May 9 protests, during which there was vandalism and violent demonstrations following the arrest of Pakistan Tehreek-e-Insaf (PTI) founder and chairman, Imran Khan. Instead, the inquiry will now be conducted by an appointed officer.

K-P Law Minister Aftab Alam stated that if the judiciary is unwilling to conduct the inquiry, the provincial government will establish its own inquiry commission, which will be approved by the chief minister of the province.

Peshawar High Court Chief Justice Ishaq Ibrahim had returned the provincial government's letter requesting a judicial inquiry, raising objections to the manner in which the letter was sent.

Following this, the provincial law minister announced that the government would set up its own commission to investigate the events of May 9, rather than relying on a judicial commission.

Minister Aftab Alam informed the media that the government is not obligated to have judges conduct the inquiry and that if the judiciary is unwilling, they will establish their own commission. The official appointed by the provincial government for the inquiry will have the powers of a civil judge under the Inquiry Act.

He added that the government initially wanted a judge of the Peshawar High Court to lead the inquiry because of the high level of trust in the judiciary. However, since the chief justice returned the letter, the government can now appoint anyone to conduct the inquiry into the events of May 9.

The approval for the judicial inquiry will be sought from the Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur, and once the CM approves, the commission will begin its work.

The Khyber-Pakhtunkhwa advocate general stated that he had advised the provincial government to write to the high court again. The provincial government had written a letter detailing all the events and requested judges from the High Court for the judicial inquiry.

However, the High Court returned the letter, objecting to the manner in which it was sent. It should be noted that following Imran Khan's arrest on May 9 and 10, violent protests erupted across the country. During the violent demonstrations in Peshawar and Khyber Pakhtunkhwa, Radio Pakistan was set on fire, and key locations in Mardan, Swabi, and Malakand were attacked. During these violent protests, four people were killed, and more than 200 others were injured in the province.

Eadlier this month, the Peshawar High Court refused to nominate judges for a judicial inquiry into the May 9 incidents, citing that the forum that sent the request was 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 was not possible.

According to sources, the 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.