PESHAWAR: The sword of disqualification has started hanging over Chief Minister Sohail Afridi in the May 9 Radio Pakistan Peshawar attack case, as the Peshawar High Court upheld the decision of the Special Anti-Terrorism Court (ATC) and dismissed the revision petition filed by the provincial government.
According to details, in the Radio Pakistan attack case, the names of Chief Minister Sohail Afridi, former ministers Taimur Saleem Jhagra, Kamran Bangash, District Peshawar President Irfan Saleem, and Aamir Chamkani were included in the case after verification from the Punjab Forensic Lab and NADRA by the Anti-Terrorism Court.
Justice Sahibzada Asadullah issued the written order, upholding the verdict of the ATC. According to the judgment, on May 9, 2023, Radio Pakistan Peshawar was attacked, and heavy damage was caused to the property inside the building. During the investigation, a case was registered against 82 accused, and the trial was initiated.
During the trial, some of the accused were elected as members of the assembly who are currently present in the House. During the trial, an application was moved through the provincial cabinet to withdraw the prosecution, but the ATC court rejected the application, keeping in view the nature of the incident and the legal interest of Radio Pakistan. During the trial, an application was submitted in the court by the Pakistan Broadcasting Corporation. In the application, it was stated that Radio Pakistan has a USB containing CCTV footage related to the incident; therefore, it should be sent to the Punjab Forensic Science Agency or Laboratory for forensic examination.
The ATC court accepted the application and sent the USB for forensic examination. Against this order, the provincial government filed a revision petition in the High Court. In the petition, it was contended that after the commencement of the trial, the trial court had no authority to consider such new material or order its forensic examination.
The High Court, in its order, observed that the ATC court has full authority to examine any material which is necessary or required for the case and order its forensic examination to reach a fair decision. The ATC court has neither ordered the police to reopen the investigation nor directed it to register any new FIR or challan.
The ATC court had only ordered forensic examination of an electronic device within its jurisdiction, which cannot be termed as interference in police investigation.On this basis, the petition is dismissed. The ATC court should continue the trial and decide the CCTV and forensic report on merit, the court ruled.
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