PHC refers bail pleas of CM Afridi, Asad Qaiser to larger bench

Court also extends protective bail for PTI leaders

The Peshawar High Court (PHC) reserved its verdict on a number of petitions filed by prominent PTI figures – including Khyber Pakhtunkhwa Chief Minister Sohail Afridi, MNA Asad Qaiser, and former CM Ali Amin Gandapur – seeking protective bail and details of cases registered against them.

The court approved the plea of Prosecutor General Islamabad, Ghulam Sarwar Nihung, to constitute a larger bench, sending all the applications to the chief justice of the PHC to be placed before the bench. The court also extended the petitioners’ bail.

Read: PHC grants protective bail to K-P CM Sohail Afridi

The case was heard by a two-member bench comprising Justice Syed Arshad Ali and Justice Faheem Wali. The petitioners' lawyers opened by stressing that their clients were approaching the court to obtain details of the cases filed against them. Advocate Babar Asif stated plainly, "cases have been registered against the petitioners, details should be provided."

Nihung raised concerns with the bench, arguing that some of the petitioners "have filed applications for protective bail several times," and that this continuous grant of bail was "affecting the investigation."

He urged the court to decide all these related cases on a single forum. Justice Ali responded to this by asking, "how can we do this? You have provided details." The prosecutor general further pointed out the extent of the issue, stating that some individuals "have been on protective bail for one year."

The CM's lawyer, Advocate Bashir Wazir, highlighted the practical difficulty they faced in complying with investigation orders, telling the court, "they tell us how many FIRs there are. When we go there they say this file is sealed, we cannot give it to you." He maintained that the defense appears in courts for any case whose details are provided.

Read More: PHC bars arrest of CM Afridi until December 9

Justice Ali questioned the prosecutor general how many FIRs the petitions are nominated in. To this, he answered, “we do not have the complete data of the FIRs.”

Barrister Waqar, representing Asad Qaiser, similarly assured the bench, "tell us that there are no more FIRs against us. We will go from here and will join the investigation in whatever cases there are."

Justice Ali clarified the court's jurisdiction, stating, "to the extent of Islamabad we provide details, but for provincial details you will have to go there.” He added, “we will grant you bail. Whatever cases are in the province, you approach those courts there."