PHC stays K-P Assembly probe in May 9 case

The Peshawar High Court (PHC) on Thursday stayed the functioning of the inquiry commission formed by the speaker of the Khyber-Pakhtunkhwa Assembly to investigate the incidents of May 9 and 10, 2023, when violent nationwide riots broke out following the arrest of former prime minister Imran Khan.

The bench also instructed the lawyers of all parties to assist the court on the legal aspects of the commission and the ongoing trial in future hearings before adjourning further proceedings.

The directive came during the hearing of a writ petition filed by the Pakistan Broadcasting Corporation (PBC), conducted by a two-member bench comprising Justice Sahibzada Asadullah and Justice Dr Khurshid Iqbal. The hearing saw the presence of PBC’s lawyer Shabbir Hussain Gigyani, Additional Advocate General Abdul Rauf Afridi, and the speaker’s law officers.

Also Read: PHC questions May 9 inquiry commission

The petition stated that during the violent incidents of May 9 and 10, the Radio Pakistan building was attacked and damaged. Following the attack, a case was registered against the accused under anti-terrorism provisions, including current members of the provincial assembly. On December 12, the speaker issued a notification forming an inquiry commission, which also included assembly members.

Gigyani argued that since some members of the assembly were already named in the case, they could not act as judges in a matter in which they were accused.

He added that the speaker had no legal authority to establish an inquiry commission for a case currently under trial. The notification, he stated, had no legal standing and was not issued under any proposed law.

The court halted the commission’s operations and adjourned the hearing.

PHC defers hearing on military court sentences till Feb 12

The PHC bench separately adjourned the hearing of writ petitions challenging sentences awarded by military courts to five individuals until February 12.

The petitions were filed by Rais, Adnan Ahmad, Sohrab Khan, Bashir Ahmad and Rahimullah. Barrister Aamirullah Khan Chamkani represented the petitioners, while Additional Attorney General Sanaullah appeared on behalf of the federation.

During the proceedings, counsel for the petitioners informed the court that five separate writ petitions had been filed against the convictions, handed down by the military courts.

The additional attorney general told the bench that in each case the sealed record had been submitted to the court and that the convicts had also filed appeals before the Field Marshal Court, urging the high court to wait for the decisions on those appeals.

Read: PHC rejects all petitions against military court sentences

The petitioners’ counsel countered that earlier the federation had claimed no appeals were pending, while now it maintained that the appeals were under consideration. He argued that if appeals were indeed pending before the Field Marshal Court, the relevant records should be provided to the petitioners, adding that the sentences were awarded in 2024 and decisions on appeals should have been announced by now.

Justice Asadullah observed that the matter could be referred back to the bench which earlier heard the case. Agreeing with the suggestion, the bench transferred the petitions to the previous bench and adjourned the hearing until February 12.