The Peshawar High Court on Tuesday sent the case concerning the recovery of deposed Khyber Pakhtunkhwa chief minister Sohail Afridi to the chief justice. The bench asked that a larger panel be formed to hear the petitions.
The matter follows the federal government’s imposition of emergency and governor’s rule in Khyber Pakhtunkhwa on October 11. Reports then emerged of the alleged arrests of Afridi and former provincial assembly speaker Babar Saleem Swati.
Petition alleges Afridi was taken from the Chief Minister’s House
Afridi’s brother, Muhammad Aamir, filed a constitutional petition in the Peshawar High Court on October 13. He alleged that armed, masked men had abducted the former chief minister from the Chief Minister’s House on October 11.
Also read: PTI leaders clash over Sohail Afridi, long march and talks
The petitioner asked the court to have Afridi recovered and produced before it. He also sought an investigation into the alleged incident and orders to preserve CCTV footage and other relevant records. A two-member bench, comprising Justice Arshad Ali and Justice Faheem Wali, heard the case.
The Khyber Pakhtunkhwa Advocate General appeared alongside the petitioner’s counsel, Advocate Bashir Wazir.
Counsel cites Article 199 and provincial law on arrests
During the hearing, Wazir argued that Article 199 of the Constitution gave the court power to order the production of the chief minister and the speaker. He said the governor and other officials had acknowledged in media statements that Afridi was in protective custody. He asked the court to direct the inspector general of police to bring him before the bench.
The counsel also argued that a provincial law barred the arrest of a member of the provincial assembly in such circumstances. Under that law, he said, the speaker could not be arrested either and would stay in office until a new speaker was elected.
Justice Arshad Ali asked the Advocate General why the court’s earlier order had not been carried out. The Advocate General replied that he had received the report only on Tuesday and needed three more days to file a response. He added that reports had also been requested from the police, law enforcement agencies and deputy commissioners.
The judge observed that the chief minister was missing and that the Home Department should hold all information about his whereabouts. The Advocate General countered that hundreds of cases had earlier been registered under Section 3 of the Maintenance of Public Order (MPO) without the government being asked to respond to the court.
Court warns government over delayed response
The court said it was dissatisfied with the government’s reply. It noted that the government had already been given time to respond but had not complied with the court’s order.
Justice Arshad Ali said the matter concerned public interest. He warned that the case would go to a larger bench if the government kept its current stance. The court also recorded that the government had been given 10 days to respond and had still failed to follow its directions.
The bench then referred the matter to the chief justice of the Peshawar High Court, asking for a larger bench to hear the petitions.
Anti-terrorism court warrants and PTI’s stance on Afridi
Separately, an anti-terrorism court in Peshawar had issued arrest warrants for Sohail Afridi and Pakistan Tehreek-e-Insaf (PTI) leaders Taimur Saleem Jhagra, Kamran Bangash and Irfan Saleem. The warrants relate to the May 9, 2023, Radio Pakistan attack case.
The PTI has also reaffirmed its support for Afridi. The party ruled out any move within its ranks to consider an alternative candidate and said only Imran Khan could decide on his replacement.
