Peshawar High Court refers petitions challenging detention of former KPK CM Afridi to chief justice

PESHAWAR: The Peshawar High Court on Tuesday referred multiple petitions challenging the detention of Pakistan Tehreek-e-Insaf (PTI) leaders, including former Khyber Pakhtunkhwa chief minister Sohail Afridi, to the chief justice for the constitution of a larger bench.

Afridi and two other PTI leaders, Babar Saleem Swati and Junaid Akbar, have not been seen since the imposition of governor’s rule and emergency in the province on October 11.

A two-member bench comprising Justice Syed Arshad Ali and Justice Muhammad Fahim Wali heard the petitions, during which counsel for the petitioners argued that Afridi and Swati had been missing for several days, with their whereabouts still unknown.

Advocate Bashir Khan Wazir submitted that the governor of Khyber Pakhtunkhwa and provincial advisers had confirmed that Afridi, Swati and Akbar were in protective custody. He said such detentions could not be carried out in this manner.

Advocate General Sanaullah sought further time from the court to submit the relevant report, stating that more than 200 cases had been registered under Section 3 of the Maintenance of Public Order (MPO).

Justice Syed Arshad Ali reminded the government counsel that the court had already granted a 10-day deadline, but its orders had not been implemented.

He observed that the authorities had been given sufficient time, although the cases could have been adjourned for just three days.

The advocate general informed the court that reports had been sought from the police, law enforcement agencies and the home department, and requested additional time for their submission.

The petitioners’ counsel expressed concern over the alleged non-compliance with court directives.

Advocate Yasir Khattak stated that the court issued orders, but they were not being implemented.

Khyber Pakhtunkhwa Bar Council member Advocate Farooq Ahmad Khattak also asked the court to be informed whether the concerned political leaders had been detained under Section 3 of the MPO.

The petitioners’ counsel further raised the issue of non-implementation of the court’s order to de-seal the residence of the deputy speaker of the provincial assembly, alleging that the relevant authorities were committing contempt of court.

During the proceedings, Justice Ali suggested that the cases be referred to the chief justice of the Peshawar High Court for the constitution of a larger bench.

The advocate general also requested the formation of a larger bench.

The court subsequently decided to refer the relevant cases to the chief justice for the formation of a larger bench.

Earlier, the Peshawar High Court had sought detailed reports from the relevant authorities regarding Afridi, Swati and other PTI leaders in response to petitions concerning their detention and whereabouts.

On October 13, Afridi’s brother Mohammad Aamir filed one of the petitions, alleging that Afridi was “abducted” from Chief Minister House on the night that the emergency was imposed in the province.

President Asif Ali Zardari proclaimed the emergency under Article 232 and imposed governor's rule under Article 234 of the Constitution, ending the provincial government led by jailed former prime minister Imran Khan's party.

The move came amid heightened tensions between the federal government and the PTI-led provincial administration over counter-terrorism policy and a protest march led by then chief minister Afridi demanding Khan's release and access to medical treatment.

The PTI has rejected the federal government's justification for the measure and challenged the emergency and governor's rule, while the government has accused the former provincial administration of failing to adequately cooperate in efforts against militancy.