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HC Rejects Challenge to Afridi’s Nomination
PESHAWAR: The Peshawar High Court (PHC) has dismissed a petition challenging the nomination of Khyber Pakhtunkhwa Chief Minister Sohail Afridi in the May 9 Radio Pakistan attack case, upholding the relevant orders of the Anti-Terrorism Court (ATC).
The petition was filed by the special prosecutor, who challenged the use of reports prepared by the Punjab Forensic Science Agency (PFSA) and the National Database and Registration Authority (NADRA) in identifying Afridi and other individuals in the case.
Other PTI Leaders Also Nominated
Police had submitted a report before the ATC naming Sohail Afridi, former provincial ministers Taimur Saleem Jhagra and Kamran Bangash, PTI Peshawar district president Irfan Saleem, and activist Amir Khan Chamkani as accused.
The report followed forensic examination of video footage and identity verification by NADRA.
Special Prosecutor Challenges Forensic Reports
During the PHC proceedings, the special prosecutor argued that the police had sent video footage to the forensic laboratory on a USB drive and questioned the procedure followed in the examination.
The prosecutor also argued that the names of the newly nominated individuals had not appeared in the original challan and were added later.
Counsel for Radio Pakistan, Shabbir Hussain Gigyani, opposed the petition. He argued that the challenge should have been brought by the accused themselves and questioned the special prosecutor’s authority to challenge the reports in that manner.
After hearing both sides, the high court dismissed the petition.
Earlier ATC Report Rejected
The development follows an earlier order by the ATC, which rejected an investigation report submitted by police, describing it as incomplete and inconclusive.
On September 18, the court directed the investigating officer to submit a conclusive report after considering PFSA and NADRA findings.
Police subsequently submitted a fresh progress report naming the additional accused, with the ATC directing the investigating officer to submit a supplementary charge sheet.
PFSA Examined Video Footage
The forensic investigation involved video footage submitted by Peshawar police.
According to reporting on the PFSA findings, the agency analysed 16 videos frame by frame and reported facial-feature matches involving Afridi, Jhagra, Bangash and Irfan Saleem.
The forensic examination was limited to the visual material. Reports also indicated that some videos contained added text or logos and that signs of splicing were detected in two clips. The forensic findings identified individuals appearing in the footage but did not by themselves establish every contextual detail about the incident.
NADRA Verification
NADRA was also asked to verify the identities of individuals whose profile photographs were provided for comparison.
Earlier reporting said NADRA found probable matches between supplied profile photographs and corresponding identity records.
Background of the Case
The case concerns the May 9, 2023 attack on Radio Pakistan’s Peshawar building, which was ransacked and set on fire during unrest following the arrest of PTI founder Imran Khan.
The building also housed offices of the Associated Press of Pakistan.
The ongoing proceedings involve a large number of accused, while the latest phase concerns additional suspects identified through video examination and identity verification.
Conviction Claims Remain a Matter for the Court
After the hearing, Radio Pakistan’s counsel commented that a conviction could have consequences for Afridi’s position as chief minister and potentially his eligibility for public office.
Those remarks concern possible legal consequences if a conviction occurs; the PHC’s latest order itself does not constitute a finding of guilt.
