PHC questions May 9 inquiry commission

PESHAWAR:

The Peshawar High Court (PHC) on Wednesday issued a notice to the Speaker of the Khyber-Pakhtunkhwa Assembly, seeking his response to a writ petition challenging the notification of an inquiry commission constituted to investigate the incidents of violence on May 9 and 10.

The court directed the Speaker to explain under which law the inquiry commission was formed and adjourned further hearing of the case until January 28.

The case was heard by a two-member bench comprising Justice Sahibzada Asadullah and Justice Dr Khurshid Iqbal. Proceedings began on a writ petition filed by the Pakistan Broadcasting Corporation (PBC). Advocate Shabbir Hussain Giggiani appeared on behalf of the petitioner, while a law officer represented the Speaker.

Counsel for PBC informed the court that Radio Pakistan's Peshawar building was attacked during the violent incidents on May 9 and 10, causing extensive damage to the premises. He said cases were registered against the accused under anti-terrorism laws, adding that some of those nominated were sitting members of the provincial assembly.

He told the bench that on December 12, the Speaker issued a notification constituting an inquiry commission that included members of the assembly. Since some lawmakers were already nominated as accused in the case, he argued, they could not sit in judgment over a matter in which they themselves were involved.

The petitioner's counsel further stated that the trial of the Radio Pakistan attack case had already commenced in an anti-terrorism court after submission of the challan by the prosecution. Despite the matter being sub judice, the Speaker issued the notification to form an inquiry commission, which, he contended, amounted to interference in judicial proceedings.