PTI writes another letter for inquiry

Party once again asks PHC CJ to form May 9 judicial commission

PESHAWAR:

The Khyber-Pakhtunkhwa government has once again sent a letter to the chief justice of the Peshawar High Court, Justice Ishtiaq Ibrahim, requesting the formation of a judicial commission to conduct an independent investigation into the violent incidents of May 9 and 10 following the arrest of Pakistan Tehreek-e-Insaf (PTI) Founding Chairman Imran Khan.

The CJ has been asked to select judges or a judge to form a judicial tribunal for transparent investigations into these events.

According to sources, the provincial Home Department sent another letter to the PHC, stating that the previous request was returned because the method of submission was against the proposed regulations. Therefore, in light of the necessary laws, the request has been resubmitted.

The plea for the tribunal is being made under the West Pakistan Tribunals of Inquiry Ordinance 1969. The Peshawar High Court has once again been requested to form a commission comprising judges to conduct an independent investigation into the May 9 incidents and bring the facts to light.

Sources also confirmed that the current request was submitted through the proper process, as the previous letter, sent by the provincial government, violated the prescribed regulations. Therefore, the government, through the k-P Home Department, has sent another request for the formation of the judicial commission.

Previously, the Peshawar High Court was also requested, through the Advocate General, to establish a judicial commission to investigate the May 9 incidents. It was argued that after the May 9 events, the provincial cabinet approved the formation of a commission to identify the culprits.

However, on August 9, the Peshawar High Court declined the provincial government's request to form the commission, stating that the method used to submit the request was not authorised by the appropriate forum.

The court, therefore, returned the request to the provincial government, which had argued that the purpose of the investigation was to conduct a fair and independent inquiry to identify and hold accountable those responsible. The provincial government indicated that if the PHC declined to provide judges, it would conduct the investigation through a retired officer, subject to the final approval of K-P Chief Minister Ali Amin Gandapur.

During a provincial cabinet meeting in Islamabad, the CM once again directed ordered that the letter be sent to the Peshawar High Court, requesting the formation of a judicial commission. The letter was to be officially sent through the home department, which is the proper forum for such matters, and it was dispatched accordingly.

PHC CJ will now make a formal decision on how the judicial commission will be established. Once approved by the him, the home department will set the terms of reference (TOR) for the inquiry commission.

It is worth recalling that after the February 8 general elections, the PTI announced that an independent investigation into the May 9 and 10 incidents would be conducted, and the culprits would be brought to justice.

KPEZDMC CEO appointment halted

Separately, the PHC has halted the appointment of a new CEO of the Khyber-Pakhtunkhwa Economic Zones Development and Management Company (KPEZDMC) and ordered a response from the authorities concerned.

The petition of Javed Iqbal Khattak was heard by a two-member bench comprising Justices Syed Arshad Ali and Shahid Khan.

During the hearing, the petitioner's lawyer, Shumail Ahmad Butt, informed the court that his client was removed from his position on August 29, 2024, by order of the provincial cabinet, even though it did not have the authority to do so.

He argued that the petitioner's tenure was until 2026, and according to Section 190 of the Companies Act, removing a CEO requires the approval of 8 out of 12 directors, which the provincial cabinet does not have the power to override. The cabinet didn't even consult the board and directors before making the decision to remove the CEO.