PHC seeks report in CM's bail petitions

The Peshawar High Court (PHC) has issued a written order on petitions seeking protective bail filed by Khyber-Pakhtunkhwa Chief Minister Sohail Afridi, former chief minister Ali Amin Gandapur, PTI leader Asad Qaiser and others.

A three-member larger bench comprising Chief Justice SM Atiq Shah, Justice Syed Arshad Ali and Justice Faheem Wali issued the written order of the previous hearing. The court directed the Additional Attorney General to submit a report by the next hearing and to ensure the presence of the Federal Prosecutor General on that date.

According to the written order, the writ petitions under hearing raised several important legal questions. On the request of the Chief Commissioner Islamabad, a larger bench was constituted to hear the petitions. However, when the bench commenced proceedings, the Additional Attorney General appeared before the rostrum and informed the court that the Federal Prosecutor General could not appear due to personal engagements and that a formal request had been filed seeking adjournment of the hearing.

The court observed that no such application was available on the judicial record or case file. When questioned by the bench about the absence of the application, the Additional Attorney General stated that it had been sent to the Additional Registrar via WhatsApp.

The court, in its order, categorically held that such informal procedures could not be accepted. It observed that if the Federal Prosecutor General was unable to appear, it was the responsibility of the Additional Attorney General to file a proper application in advance, particularly as the larger bench had been constituted at the request of the Federal Prosecutor General.

The order further noted that the Additional Attorney General submitted that most of the petitioners had not approached the relevant forum. However, he failed to specify which petitioners had approached the Chief Commissioner Islamabad and which had not.