PESHAWAR: The Peshawar High Court (PHC) has formally sought a legal justification from the Speaker of the Khyber Pakhtunkhwa Assembly regarding the constitution of a special body to probe the spring riots of 2023.
In the latest development of the PHC May 9 Inquiry Commission case, the court has questioned whether a legislative head can bypass judicial proceedings to form an independent probe.
A division bench consisting of Justice Sahibzada Asadullah and Justice Dr. Khurshid Iqbal presided over the hearing. The court issued a notice to the Speaker, demanding a response by January 28 to clarify under which specific law the commission was notified.
Background of the Dispute
The petition, filed by the Pakistan Broadcasting Corporation (PBC), challenges the December 12 notification issued by the Speaker. The PBC argues that the formation of this commission is a direct overstep into judicial territory. During the PHC May 9 Inquiry Commission case proceedings, counsel for the PBC, Shabbir Hussain Gigyani, argued that the Radio Pakistan building was a primary target of the May 9 and 10 violence, leading to a trial that is already active in an Anti-Terrorism Court.
Legal Arguments and Conflict of Interest
The petitioner’s counsel raised a critical point regarding the composition of the commission. He informed the bench that several sitting members of the KP Assembly are currently named as suspects in the very cases the commission intends to investigate.
“Legally, a suspect cannot sit in judgment of their own case,” Gigyani argued. He further contended that the PHC May 9 Inquiry Commission case centers on the fact that the Speaker’s notification lacks any statutory backing, as the power to form committees is restricted to public welfare and does not extend to interfering with sub-judice criminal trials.
Demand for Transparency
The PBC’s legal team expressed concerns that the provincial government’s influence over the prosecution necessitated the hiring of private counsel to ensure a fair trial. The petition requests that the court declare the Speaker’s notification null and void to prevent any outside influence on the judicial process.
After hearing the arguments, the bench directed the Speaker’s office to provide a detailed legal framework for the commission’s existence. The PHC May 9 Inquiry Commission case has now been adjourned, with the court’s final decision expected to set a significant precedent for the limits of assembly speakers’ powers in Pakistan.
