ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday observed that it could not intervene over political statements.
This observation from the country’s top constitutional court came during the hearing of a petition filed against a statement of the KP Chief Minister Sohail Afridi about forming a force for the release of PTI founder chairman Imran Khan. A two-member bench, headed by Justice Ali Baqar Najafi, heard the petition. Justice Baqar asked the petitioner’s lawyer whether there was any concrete evidence about the formation of any illegal force for the release of Imran Khan, or if any official notification for such a force had been issued. If so, it should be presented before the court. In response, the petitioner’s lawyer sought time to submit evidence, which the court accepted and adjourned the hearing for date-in-office (indefinite period).
Abdul Qayyum Siddiqui adds: In another case related to May 9, 2023 arson attack on Radio Pakistan Peshawar, the court stayed further proceedings, halting the trial proceedings before the Anti-Terrorism Court (ATC-III), Peshawar. The case involves the Khyber Pakhtunkhwa chief minister and 79 others.
A two-member bench granted the interim relief while hearing a constitutional petition filed by the Pakistan Broadcasting Corporation (PBC), seeking the transfer of criminal trial outside Khyber Pakhtunkhwa on grounds of alleged political interference, intimidation of witnesses and concerns over a fair trial.
The petition states that among the accused are politically influential individuals, including the sitting chief minister, provincial ministers and members of the provincial assembly. It argues that their political position has led to undue pressure on prosecution witnesses and interference in the trial process, thereby, undermining the prospects of a fair and impartial trial. The PBC has further alleged that the Khyber Pakhtunkhwa cabinet approved withdrawal from prosecution in certain May 9-related cases, including the present one, reflecting what the petitioner terms mala fide intent aimed at frustrating criminal proceedings and shielding influential accused individuals. Another concern raised in the petition is the appointment of a special prosecutor who had previously appeared as defence counsel for some of the accused. Although, the notification was later revised, the petitioner contends that such developments have compromised the credibility and neutrality of the prosecutorial process. The petition also highlights the formation of a special committee by the provincial assembly to conduct a parallel inquiry into the Radio Pakistan incident, which included some of the accused as members. This notification was later set aside by the Peshawar High Court as unlawful. The petitioner argues that the move amounts to executive interference in judicial proceedings and an attempt to influence the outcome of the case.
