The Peshawar High Court (PHC) has dismissed a review petition filed by the provincial government challenging an anti-terrorism court’s (ATC) order permitting forensic examination of CCTV footage related to the Radio Pakistan attack case. The court directed the ATC to continue with the trial proceedings without interruption.
Justice Sahibzada Asadullah issued the written judgment upholding the ATC’s decision to send a USB containing CCTV recordings for forensic analysis. The footage is critical evidence from the incident that took place during the unrest on May 9, 2023, which caused damage to the Radio Pakistan building and its assets.
Following the unrest, a case was registered against 82 suspects, whose trial is currently underway. Notably, some of the accused have since been elected as members of the provincial assembly and are actively serving in the legislative body.
Earlier, the provincial cabinet had requested the withdrawal of prosecution during the trial, but the ATC rejected this plea after weighing the severity of the event and considering the legal interests of the Pakistan Broadcasting Corporation, the owner of Radio Pakistan.
During the proceedings, the Pakistan Broadcasting Corporation submitted a USB containing the CCTV footage and petitioned the court to have it examined by the Punjab Forensic Science Agency. The ATC approved this request and ordered the forensic analysis to be conducted.
Subsequently, the provincial government moved the PHC, contending that the ATC lacked the authority to order forensic examination of new evidence once the trial had commenced. However, the high court dismissed this argument, affirming that the ATC is empowered to order such examinations when necessary to ensure a fair and just trial.
The judgment clarified that the ATC neither ordered the investigation to be reopened nor instructed the police to file a fresh challan. It emphasized that directing forensic analysis of electronic evidence does not amount to interference with the police investigation.
Ultimately, the PHC instructed the ATC to proceed with the trial and assess the evidentiary significance of the CCTV footage and the forensic report on their merits. This ruling allows the forensic examination of the CCTV material to continue concurrently with the ongoing trial in the Radio Pakistan attack case before the ATC.
