PESHAWAR:(KAMRAN ALI SHAH): Radio Pakistan’s lawyer Shabbir Hussain Gigyani appeared in the court and raised strong questions on the role of the Special Prosecutor.
The Anti-Terrorism Court of Peshawar heard the case of the attack on Radio Pakistan on May 9. The hearing was conducted by ATC Judge Wali Muhammad, in which the Special Prosecutor appointed to prosecute the case, Advocate General Khyber Pakhtunkhwa and Radio Pakistan’s lawyers appeared.
During the hearing, Special Prosecutor Nomanul Haq Kakakhel submitted his report to the court. He told the court that “The FSL and NADRA reports are not such that the case can be taken further on their basis. Nothing was found against the accused in these reports that could allow the trial to proceed.”
During the hearing, Advocate General Shah Faisal Atmankhel also reached the court, to which Judge Wali Muhammad remarked that “These cases will be special for someone, for me all cases are the same.” The Advocate General replied that he was free today, so he came to the court as per routine.
Lawyer Shabbir Hussain Gigyani said that he has submitted a contempt of court petition against the Special Prosecutor. Radio Pakistan’s lawyer took the stand that the accused are named in the challan but the Special Prosecutor is deliberately not submitting the challan. He said, “The special prosecutor is there to conduct the trial, not to spoil the investigation or give benefits to the accused.”
Nomanul Haq Kakakhel replied that the court never ordered him to submit the challan, so it should not be given the impression that he is disobeying the order. Peshawar District Public Prosecutor Safatullah also appeared on the court’s request. He clarified to the court that:
“The government has appointed a special prosecutor for this case, and according to the law, our role ends after the appointment of the special prosecutor.” The special prosecutor further argued that the government has full authority to appoint a special prosecutor under Section 18 of the Anti-Terrorism Act and the contempt of court petition against him is not even admissible in this court.
After hearing the arguments of the parties, the court remarked that if the special prosecutor has any objection to the contempt of court application, he should file a formal application against it. The court directed Radio Pakistan’s lawyer to present arguments on the special prosecutor’s report at the next hearing and adjourned the hearing.
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