Special prosecutor defends move not to include name of PTI leaders in supplementary challan
K-P CM Sohail Afridi. Photo: Screengrab
PESHAWAR:
A law officer on Tuesday told an anti-terrorism court (ATC) that there was insufficient evidence to include name of Khyber-Pakhtunkhwa (K-P) Chief Minister Sohail Afridi as accused in the supplementary challan of a case related to an attack on Radio Pakistan Peshawar on May 9, 2023.
Appearing before the ATC presided over by Judge Wali Muhammad, Special Prosecutor Naumanul Haq Kakakhel said the video evidence relied upon to implicate “certain individuals” was not enough to sustain the case.
“The footage does not conclusively establish that it depicts the attack on Radio Pakistan. The videos only show resemblance and do not definitively prove that they relate to the attack,” he added.
According to Kakakhel, such material could not be treated as strong evidence to nominate individuals as accused. This, he said, is a crucial point that hinders further progress in the case.
At the last hearing of the case, on March 11, Counsel for Radio Pakistan Shabbir Hussain Gigyani and IO Inspector Khushhal Khan sought contempt of court proceedings against the district public prosecutor and the CTD senior prosecutor for failing to submit the challan to the court.
He had told the court that the IO intended to submit a supplementary challan, including names of CM Afridi, former ministers Taimur Saleem Jhagra and Kamran Bangash, PTI Peshawar president Irfan Saleem and worker Amir Chamkani but the district public prosecutor was delaying the case
Speaking with reference to the claim, the special prosecutor said a forensic report had been received which he sought to submit along with his opinion. He requested the court to examine the report and allow the complainant’s counsel to raise objections, if any, during the next hearing.
Counsel for Radio Pakistan Shabbir Hussain Gigyani reiterated that the prosecution’s refusal to submit the supplementary challan amounted to obstruction.
Opposing the contempt plea, the special prosecutor maintained that the contempt petition was not maintainable and stressed that under the law, the government had the authority to appoint a special prosecutor for such cases. He cited provisions of the Anti-Terrorism Act, 1997 asserting that his role was legally valid.
During the hearing, Advocate General Shah Faisal also appeared and clarified that the government appointed the special prosecutor in the case in accordance with legal provisions.
The Radio Pakistan counsel argued that investigation powers rested with the district public prosecutor, while the special prosecutor’s role was limited to conducting the trial.
However, the special prosecutor countered that his appointment empowered him to act in the case and that the court had not specifically directed submission of a challan but only sought a report, which had already been submitted.
The ATC judge also summoned the district public prosecutor, who informed the court that following the appointment of a special prosecutor, his office’s role in the matter had effectively ceased.
After hearing arguments from all sides, the court directed that any objections to the contempt petition be filed through proper applications and adjourned the hearing.
