ISLAMABAD:
The Federal Constitutional Court (FCC) has accepted an appeal by Radio Pakistan Peshawar seeking the transfer of the trial of the case related to May 9, 2023 violence to Islamabad or another province for preliminary hearing and issued notices to all the parties to the case.
A two-member FCC bench, comprising Justice Ali Baqar Najafi and Justice Arshad Hussain, also stayed the proceedings in the Anti-Terrorism Court (ATC) until further orders.
The appeal, filed through Advocate Syed Zulfqar Abbas Naqvi, states that 74 suspects, including Khyber-Pakhtunkhwa (K-P) Chief Minister Sohail Afridi, Fazal Elahi, Samiullah, Adeel Ahmed, Mina Khan, Arbab Wasim, and Asif Khan, have been named in the case.
It contends that provincial ministers and members of the provincial assembly are attempting to influence judicial proceedings. The provincial cabinet allegedly approved delaying prosecution in cases relating to the May 9 and May 10 incidents.
Besides, the K-P speaker formed a parallel special committee to investigate the May 9 events, which included several suspects named in the attack case. This notification was later declared invalid by the Peshawar High Court.
The appeal further states that 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 prosecution witnesses face threats. It requests the court that the trial be conducted in Islamabad or another province to ensure impartiality.
Radio Pakistan Peshawar emphasised that the involvement of high-ranking officials and assembly members in the case has created interference in judicial proceedings, prompting the request for a transfer.
