Petition in PHC claims KP legislators listed as accused cannot sit in judgment
The management of Radio Pakistan has challenged in the Peshawar High Court the provincial government’s notification setting up a commission of inquiry into the incidents of 9 and 10 May, arguing that it is unlawfully interfering with an ongoing criminal case.
In a petition filed through lawyer Shabbir Hussain Gigyani, Radio Pakistan claimed that its Peshawar building was attacked during the violent events of 9 May 2023, causing extensive damage to public and private property. Cases were subsequently registered under the anti-terrorism provisions, with several members of the provincial assembly named as accused.
The commission of inquiry was set up after the Khyber Pakhtunkhwa Assembly in December 2025 approved a proposal to form a special committee under Rule 237 to investigate the vandalism of Radio Pakistan Peshawar during the 9-10 May 2023 riots.
Read: ATC seeks case properties in May 9 attack
Chaired by provincial law minister Aftab Alam, the committee was tasked with investigating the causes of the incident, including any alleged collusion, and reviewing the role of law enforcement agencies before making recommendations to the provincial assembly and cabinet.
The petition challenged a notification issued by the Speaker of the Khyber Pakhtunkhwa Assembly constituting a commission of inquiry comprising members of the assembly. It argued that lawmakers who were already named as defendants in the case could not sit in judgment over a case in which they were defendants.
According to the petition, the trial before an anti-terrorism court began after the prosecution filed the case. But while the case was pending, the Speaker issued the notice to investigate the Radio Pakistan attack, which the petitioner said lacked legal basis.
The petition maintained that while the Speaker may constitute committees on legislative or public welfare matters, there was no power to interfere in legal proceedings. It further argued that although a legal framework exists for setting up commissions of inquiry, the prescribed procedure had not been followed.
It was argued that when a case is sub judice, the law precludes any forum from influencing legal proceedings. Considering that members of the assembly are nominated in the case, the petition said they could not serve as members of a commission of inquiry looking into the same case.
The petitioner also alleged that alleged influence over the provincial prosecution had forced Radio Pakistan to hire private counsel. The Speaker of the Khyber Pakhtunkhwa Assembly, Babar Saleem Swati, and the provincial government have been named as respondents.
Read more: ATC calls witnesses in the fire case on 9 May
Radio Pakistan has requested the court to declare the impugned notification null and void and to direct the trial court to conclude the case in a transparent manner.
Separately, courts in Peshawar have continued proceedings in cases arising from the May 9 riots. An Additional District and Sessions Judge recently issued non-bailable warrants to 19 accused for repeatedly failing to appear in cases related to protest violence and damage to public property, including the attack on the Radio Pakistan building.
