The Peshawar High Court has dismissed a petition contesting the nomination of Khyber Pakhtunkhwa Chief Minister Sohail Afridi in the May 9 Radio Pakistan attack case, thereby upholding the anti-terrorism court’s earlier orders. This petition was filed by the special prosecutor who challenged reports from the Punjab Forensic Science Agency (PFSA) and the National Database and Registration Authority (NADRA), which had led to Afridi and other Pakistan Tehreek-e-Insaf (PTI) leaders being named as accused.
Previously, the police submitted an investigation report to the anti-terrorism court (ATC) identifying Sohail Afridi, former provincial ministers Taimur Saleem Jhagra and Kamran Bangash, along with PTI Peshawar president Irfan Saleem, as suspects in connection with the attack on the Radio Pakistan Peshawar building during the unrest of May 9, 2023. The report was presented before ATC Judge Wali Mohammad during ongoing hearings.
Justice Sahibzada Asadullah presided over the high court hearing on Monday. During proceedings, the special prosecutor emphasized that the trial concerning the May 9 and 10 Radio Pakistan attack was already in progress before the ATC. He stated that the nominations of Afridi, Jhagra, Bangash, Irfan Saleem, and another party activist were based on forensic and NADRA reports. However, the prosecutor argued that evidence submitted to the forensic lab on a USB drive did not follow proper procedure and noted that the names of the newly nominated accused were not included in the initial challan but were added later.
Opposing the petition, Radio Pakistan’s counsel, Supreme Court lawyer Shabbir Hussain Gigyani, argued that only the accused themselves could challenge the reports and that the special prosecutor lacked the authority to do so in this manner. After hearing both sides, the high court rejected the petition.
Following the decision, Gigyani told the media that a conviction in the case could cost Sohail Afridi the chief ministership of Khyber Pakhtunkhwa. He further warned that such a verdict might lead to the dissolution of the provincial government and potentially result in Afridi’s lifetime disqualification from holding public office.
In a significant development, the ATC had earlier dismissed an initial police investigation report for being incomplete and inconclusive. On September 18, Judge Wali Mohammad ordered the investigating officer to submit a comprehensive report incorporating forensic findings from the PFSA and identification results from NADRA, setting September 24 as the next hearing date. The initial report faced criticism for lacking clear conclusions on forensic evidence.
The case gained momentum earlier this year when the PFSA conducted a detailed analysis of 16 videos related to the May 9 events. The forensic laboratory examined the footage frame by frame and concluded that the facial features of Afridi, Jhagra, Bangash, and Irfan Saleem matched individuals appearing in the videos. While most videos showed no signs of tampering, some contained added text or logos, and two videos involving Afridi and Irfan Saleem showed signs of splicing. However, the PFSA report only confirmed the identification of individuals in the footage without explicitly stating that the videos depicted the Radio Pakistan incident. NADRA also verified the identities based on profile photographs provided for comparison.
Earlier disputes arose when police nominated Afridi, Jhagra, Bangash, Irfan Saleem, and PTI activist Amir Khan Chamkani in March but did not immediately submit the investigation report or challan to the ATC. The Radio Pakistan administration later petitioned the court to compel the prosecution to file the report. Meanwhile, the ATC has been conducting the trial of 75 accused, including current and former lawmakers, who were indicted in June 2025 and pleaded not guilty.
The case stems from the attack on the historic Radio Pakistan Peshawar building during protests triggered by the arrest of PTI founder and former prime minister Imran Khan on May 9, 2023. The building, which also housed offices of the of Pakistan (APP), was ransacked and set ablaze. The FIR was registered on May 10, 2023, at the East Cantonment Police Station based on a complaint by then SHO Arbab Naeem Haider under the Pakistan Penal Code and Anti-Terrorism Act. The prosecution continues to investigate additional suspects identified through video and identity verification as the case unfolds.
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