Hearing of motions contesting sentences handed down by military courts against five people postponed to February 12
The Peshawar High Court (PHC) on Thursday stayed the functioning of the inquiry committee formed by the Khyber-Pakhtunkhwa Assembly Speaker to probe the incidents of May 9 and 10, 2023, when nationwide violent riots broke out following the arrest of former Prime Minister Imran Khan.
The bench also asked the lawyers of all parties to assist the court on the legal aspects of the commission and the ongoing trial during the upcoming hearings before adjourning further proceedings.
The directive came during the hearing of a writ petition filed by the Pakistan Broadcasting Corporation (PBC), conducted by a two-member bench comprising Justice Sahibzada Asadullah and Justice Dr Khurshid Iqbal. The hearing was attended by PBC lawyer Shabbir Hussain Gigyani, additional advocate general Abdul Rauf Afridi and the president’s lawyers.
Read also: PHC questions the May 9 commission of inquiry
The petition stated that during the violent incidents of May 9 and 10, the Radio Pakistan building was attacked and damaged. Following the attack, a case was filed against the accused under anti-terrorism provisions, including against current members of the provincial assembly. On December 12, the president issued a notification establishing a commission of inquiry, which also included members of the assembly.
Gigyani argued that since some assembly members were already named in the case, they could not act as judges in a case in which they were accused.
He added that the speaker had no legal authority to create a commission of inquiry into a matter currently under trial. The notification, he said, had no legal force and was not issued under any bill.
The court halted the operations of the commission and adjourned the hearing.
PHC postpones hearing on military court convictions to February 12
The PHC court separately adjourned until February 12 the hearing of petitions challenging the sentences handed down by military courts against five people.
The petitions were filed by Rais, Adnan Ahmad, Sohrab Khan, Bashir Ahmad and Rahimullah. Advocate Aamirullah Khan Chamkani represented the petitioners, while Additional Solicitor General Sanaullah appeared on behalf of the federation.
During the proceedings, the applicants’ lawyers informed the court that five separate applications had been filed against the convictions handed down by the military courts.
The Additional Attorney General told the bench that in each case, the sealed file had been submitted to the court and the convicts had also appealed to the Marshal’s Court, urging the High Court to await decisions on these appeals.
Read: PHC rejects all motions against military court convictions
The petitioners’ lawyers countered that previously the federation had claimed no appeals were pending, whereas it now maintains the appeals were under review. He argued that if appeals were indeed pending in the Marshal’s Court, the relevant records should be provided to the applicants, adding that the convictions were handed down in 2024 and decisions on the appeals should have been announced now.
Justice Asadullah observed that the matter could be referred to the bench which had previously heard the matter. Agreeing with the suggestion, the bench transferred the petitions to the previous bench and adjourned the hearing till February 12.
