Petition in PHC contends that K-P lawmakers named as accused can not sit in judgement
The administration of Radio Pakistan has challenged before the Peshawar High Court the provincial government’s notification forming an inquiry commission into the May 9 and 10 incidents, arguing that it unlawfully interferes with an ongoing criminal trial.
In a writ petition filed through Advocate Shabbir Hussain Gigyani, Radio Pakistan contended that its Peshawar building was attacked during the violent events of May 9, 2023, causing extensive damage to public and private property. Cases were subsequently registered under anti-terrorism provisions, with several members of the provincial assembly named as accused.
The inquiry commission was constituted after the Khyber Pakhtunkhwa Assembly approved a motion in December 2025 to form a special committee under Rule 237 to probe the vandalism at Radio Pakistan Peshawar during the May 9 and 10, 2023 unrest.
Read: ATC seeks case property in May 9 attack
Headed by Provincial Law Minister Aftab Alam, the committee was tasked with examining the causes of the incident, including any alleged conspiracy, and reviewing the role of law enforcement agencies before submitting recommendations to the provincial assembly and cabinet.
The petition challenged a notification issued by the Speaker of the Khyber Pakhtunkhwa Assembly constituting an inquiry commission that includes members of the assembly. It argued that lawmakers already nominated as accused in the case could not sit in judgment over a matter in which they were defendants.
According to the petition, the trial commenced before an Anti-Terrorism Court after the prosecution submitted the challan. However, during the pendency of the proceedings, the Speaker issued the notification to probe the Radio Pakistan attack, which the petitioner said lacked legal basis.
The petition maintained that while the Speaker may constitute committees for legislative or public welfare matters, there was no authority to interfere in judicial proceedings. It further argued that although a legal framework exists for the establishment of inquiry commissions, the prescribed procedure had not been followed.
It was submitted that once a case is sub judice, the law bars any forum from influencing judicial proceedings. Given that assembly members are nominated in the case, the petition said they could not act as members of an inquiry commission examining the same matter.
The petitioner also claimed that alleged influence over the provincial prosecution had compelled Radio Pakistan to engage private counsel. The Speaker of the Khyber Pakhtunkhwa Assembly, Babar Saleem Swati, and the provincial government have been named as respondents.
Read More: ATC summons witnesses in May 9 arson case
Radio Pakistan has requested the court to declare the impugned notification null and void and to direct the trial court to conclude the proceedings in a transparent manner.
Separately, courts in Peshawar have continued proceedings in cases arising from the May 9 unrest. An additional district and sessions judge recently issued non-bailable arrest warrants for 19 accused for repeatedly failing to appear in cases related to protest violence and damage to public property, including the attack on the Radio Pakistan building.
