Prosecutors oppose motions saying granting protective bail impacts investigation
The Peshawar High Court (PHC) on Monday reserved its verdict on a number of petitions filed by prominent PTI figures – including Khyber Pakhtunkhwa Chief Minister Sohail Afridi, MP Asad Qaiser and former CM Ali Amin Gandapur – seeking protective bail and details of cases registered against them.
The case was heard by a two-member bench comprising Justice Syed Arshad Ali and Justice Faheem Wali.
The petitioners’ lawyers began by pointing out that their clients were approaching the court for details of the cases filed against them. Advocate Babar Asif clearly stated, “cases have been registered against the petitioners, details need to be provided.”
Islamabad’s attorney general raised concerns with the bench, arguing that some of the petitioners “had repeatedly filed applications for preventive bail”, and that this continued release was “affecting the investigation”.
Read: PHC grants protective bail to KP CM Sohail Afridi
He urged the court to decide all these related cases in one forum. Judge Ali responded to this question by asking: “How can we do this? You provided details. » The Attorney General further underlined the scale of the problem, specifying that some individuals “have been on bail for a year”.
The CM’s lawyer, advocate Bashir Wazir, highlighted the practical difficulties faced by them in complying with the investigation orders, telling the court: “They tell us how many FIRs there are. When we go there, they say this file is sealed, we cannot give it to you.” He maintained that the defense appears in court for any matter for which details are provided.
Justice Ali asked the Attorney General in how many FIRs the petitions were filed. To this, he replied, “we don’t have the complete data of the FIRs.”
Advocate Waqar, appearing for Asad Qaiser, also assured the bench: “Tell us that there is no more FIR against us. We will leave here and join the investigation in any case.”
Justice Ali clarified the jurisdiction of the court saying, “As far as we provide details up to Islamabad, but for provincial details, you will have to go there. He added: “We will grant you bail. Whatever the cases in the province, you will approach the courts there.”
Learn more: PHC bans CM Afridi’s arrest till December 9
He also questioned the prosecution’s position, asking the attorney general: “Tell me, has a court issued an arrest warrant?”
Further, the Attorney General requested that a larger tribunal be constituted for this purpose and decide these cases, citing the complexity and implications.
Additional Solicitor General Sanaullah informed the court, “We have such information that the petitioners are released on bail from here and are not joining the investigation thereafter.” However, Attorney General Shah Faisal disagrees, saying: “In my opinion, there is no need at all for a larger court. These are ordinary requests.”
After all parties’ arguments were completed, the court decided to reserve its decision.
