PHC sends petitions challenging detentions of Afridi, others to CJ to form larger bench

Gohar expresses gratitude at court's decision, says 'political tension should not escalate further'

PESHAWAR:

The Peshawar High Court (PHC) on Tuesday said a larger bench should be constituted to hear the petitions regarding the whereabouts of Sohail Afridi, non-functional Khyber-Pakhtunkhwa (K-P) chief minister, Provincial Assembly Speaker Babar Saleem Swati, and MNA Junaid Akbar, among others, saying that the case was being sent to the chief justice.

Justice Syed Arshad Ali and Justice Muhammad Faheem Wali heard the cases and said they were being sent to the CJ, who should constitute a larger bench. Advocate General Sanaullah also stated, "It is our request too that a larger bench be constituted."

On October 13, Afridi's brother moved the PHC seeking the non-functional CM's immediate recovery, arguing that his alleged abduction and continued detention violated his fundamental rights and demanding an independent judicial inquiry into his disappearance. The petition was filed amid uncertainty over Afridi’s whereabouts following the imposition of emergency and governor’s rule in K-P on October 11, which brought the PTI-led provincial government to an end and transferred its powers to Governor Faisal Karim Kundi.

Read: PHC seeks replies from governor, speaker against governor’s rule

During Tuesday's hearing, the petitioners' counsel Advocate Bashir Khan Wazir said during the hearing that Afridi and Swati had been "missing for several days," adding that the K-P governor and advisers had "confirmed that the chief minister, the speaker, and Junaid Akbar are in protective custody."

Wazir stated that the provincial assembly had "passed an immunity bill regarding the speaker and members of the assembly," adding that "the chief minister, speaker, and other members cannot be arrested."

Justice Ali also noted, "This is the province's chief minister and speaker; these are not ordinary personalities," adding that this was not a MPO-3 case, referring to Section 3 of the Maintenance of Public Order Ordinance. "This is an important case, the province's chief minister is missing," he said.

Advocate General Sanaullah requested time to submit the report, saying that it had been sought from the police, law enforcement agencies, and the Home Department. He also noted that there were "more than 200 cases of MPO-3."

Justice Ali however, said that the advocate general had been given 10 days by the court. "You are not complying with the court's orders," he said. Petitioners' counsel Yasir Khattak argued that "the court issues order, they do not comply with them," adding that the court had ordered the de-sealing of the house of the deputy speaker of the provincial assembly, which had still not been implemented by authorities. "They are committing contempt of court," he said

Meanwhile, K-P Bar Council member Advocate Farooq Ahmed Khattak stated that if the officials had been "picked up under MPO-3, tell the court."

Barrister Gohar expresses gratitude for court's decision

Meanwhile, Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan, expressed gratitude that the PHC referred the matter to the chief justice. Speaking to media outside the PHC, Barrister Gohar stated, "It is a strange logic; the chief minister and speaker are missing."

Expressing gratitude at the court's decision, he noted that "decisions should be such that they are equal for everyone." The PTI chairman also stated that "political tension should not escalate further," saying political matters "should be resolved by sitting down and finding a solution."

Gohar reiterated PTI's demand for a meeting with founder Imran Khan, as well as his medical treatment, arguing that "even the courts' decision was not accepted."

"The public is suffering because of this," he said, calling for the "series of political revenge" to end. The chairman also stated that MNA's, MPA's, and Imran's sisters should be "released immediately."

Read More: K-P governor's rule to end in six months, emergency to continue until peace restored: Tariq Fazal

Imran's sisters were detained in September under Section 3 of the MPO as PTI prepared for a planned protest march towards Islamabad. Aleema was detained on September 20, while Uzma and Noreen were taken into custody on September 21. Their initial detention orders were issued for 30 days. The orders were later extended another 30 days.

Barrister Gohar also noted that lawyer Salman Safdar had met Imran a day earlier, saying that "had this happened earlier, there would not have been so much trouble."

Safdar, who serves as a lead counsel in several cases involving Imran and his wife Bushra, later published a brief post on X on Monday night, stating that the meeting facilitated by the jail administration started at around 4:30pm and continued for 40 minutes. According to Safdar, he was permitted to meet the PTI founder and his wife despite repeated requests and applications, respectively, after seven and eleven months.

Reiterating the call for talks, Barrister Gohar stated that an offer was "present on the table," and that "talks should be held with seriousness and good faith."