ISLAMABAD:
The Federal Constitutional Court (FCC) has accepted an appeal by Radio Pakistan Peshawar seeking transfer of the trial in the May 9, 2023 violence case to Islamabad or another province for preliminary hearing and issued notices to all parties in the case.
A two-judge FCC bench, comprising Justice Ali Baqar Najafi and Justice Arshad Hussain, also stayed the case in the Anti-Terrorism Court (ATC) pending further orders.
The appeal, filed through lawyer Syed Zulfqar Abbas Naqvi, states that 74 suspects, including Khyber-Pakhtunkhwa (KP) Chief Minister Sohail Afridi, Fazal Elahi, Samiullah, Adeel Ahmed, Mina Khan, Arbab Wasim and Asif Khan, have been named in the case.
It alleges that provincial ministers and members of the provincial assembly are trying to influence the trial. The provincial cabinet reportedly approved delaying prosecutions in cases related to the May 9 and 10 incidents.
In addition, the KP speaker formed a parallel special committee to investigate the events of May 9, which included several suspects named in the attack case. This notice was later declared invalid by the Peshawar High Court.
The appeal further states that the verification of Chief Minister Sohail Afridi, Taimoor Saleem, Kamran Bangash, Irfan Saleem and Amir Khan has been completed by the Punjab Forensic Laboratory and the National Database and Registration Authority (NADRA).
The appeal highlights that the prosecution’s witnesses face threats. It is requesting the court that the trial be conducted in Islamabad or another province to ensure impartiality.
Radio Pakistan Peshawar emphasized that the involvement of senior officials and assembly members in the case has created interference in court proceedings, prompting the request for a transfer.
