PHC rules protective bail for K-P CM, PTI leaders only applies to court appearances, not protests

The Peshawar High Court has ruled that the protective bail granted to Khyber-Pakhtunkhwa Chief Minister Sohail Afridi and several Pakistan Tehreek-e-Insaf lawmakers and leaders is solely meant to facilitate their appearance before the relevant courts and cannot be used to participate in protests or any anti-state activities.

A two-member bench comprising Justice Syed Arshad Ali and Justice Muhammad Faheem Wali issued the directions in a detailed four-page order while hearing petitions seeking protective bail filed by Pakistan Tehreek-e-Insaf (PTI) leaders. The bench also referred the matter to the Chief Justice for the constitution of a larger bench and approved a supplementary application filed by the Chief Commissioner Islamabad in this regard.

The court declared the Chief Commissioner Islamabad as the focal person and directed all petitioners to approach his office to obtain details of cases registered against them. These directions were issued primarily on a petition filed by former National Assembly Speaker and current MNA Asad Qaiser, who had sought details of cases lodged against him by law enforcement agencies along with protective bail.

The same directions were extended to other related petitions filed by MNAs and leaders, including Sohail Afridi, former chief minister Ali Amin Gandapur, Sheikh Waqas Akram, Naseem Shah, Faisal Amin Khan, Shandana Gulzar, Noorul Haq Qadri, Yousaf Ali, and Senator Khurram Zeeshan.

In its ruling, the bench observed that the interim relief “shall not, under any circumstances, be construed as a shield, protection, justification, or escape for any purpose whatsoever, other than facilitating appearance before the competent court.” The court further clarified that, as an added precaution, the order cannot be used directly or indirectly to enable, justify, or facilitate the petitioners’ participation in any protest, demonstration, anti-state activity, or similar incident.

The order warned that any misinterpretation, misuse, or attempt to extend the scope of the order beyond its limited purpose would invite appropriate legal consequences, including action in accordance with the law.

Noting that the matter involved important legal issues highlighted by the Federal Prosecutor General and other counsel, the bench directed the court office to place the case before the Chief Justice for the formation of a larger bench.

The court instructed the Chief Commissioner Islamabad to act as a focal person between the petitioners and law enforcement agencies at the federal level and within the Islamabad Capital Territory. It directed that, within three days of receiving a copy of the order, the petitioners, either personally or through counsel, should apply to the Chief Commissioner’s office to obtain information about any criminal cases in which their arrest is sought.

Upon receipt of such applications, the Chief Commissioner was ordered to collect complete records of all relevant criminal cases from the concerned law enforcement agencies and provide the information to the petitioners as soon as possible, but no later than seven days from the date of the application. Once the records are supplied, the petitioners were directed to appear before the competent courts within three days or pursue bail or other appropriate legal remedies.

The bench also clubbed similar petitions filed by other lawmakers, including Senator Mashal Azam and MNAs Muhammad Atif Khan and Shahid Khattak, with the present cases.