Khan-led party leaders flock to 'safe haven' Peshawar after protest crackdown

Following the violent protests demanding the release of Pakistan's jailed former Prime Minister Imran Khan from November 24 to 26, 2024, in Islamabad, the Khyber Pakhtunkhwa (KP) province and the Peshawar High Court (PHC) have once again become focal points for Pakistan Tehreek-e-Insaf (PTI) leadership.

The protests, demanding PTI founder Imran Khan's release from jail and challenging what the party calls "rigged" February 2024 elections, led to widespread crackdowns.

The government has since filed cases against approximately 18,000 individuals under various charges including terrorism and attempted murder. To evade arrest in cases registered against them in Punjab and Islamabad, PTI leaders have "sought refuge" in Peshawar. They have also filed transit bail applications with the PHC.

In the past seven days, the PHC has granted bail to the Opposition Leader in the National Assembly, Umar Ayub, Deputy Speaker of Khyber Pakhtunkhwa Suriya Bibi, PTI Women Wing President Kanwal Shauzab ,and other party leaders Shehriyar Afridi and Aliya Hamza.

On Tuesday, the PHC also granted Bushra Bibi, wife of ex-PM Khan, transit bail in 27 different cases, protecting her from arrest until December 23.

PTI leaders have consistently approached the PHC for bail whenever an FIR (First Information Report) has been registered against them, regardless of jurisdiction. This pattern of seeking protection through the PHC is reflected in the court's records.

Number of transit bails

According to data obtained from the PHC, PTI leaders have filed 1,044 transit bail applications before the court in the past two years.

The applicants include former first lady Bushra Bibi, Opposition Leader Umar Ayub, PTI Secretary General Sheikh Waqas Akram, KP Chief Minister Ali Amin Gandapur, and senior leaders Asad Qaiser, Atif Khan, Shibli Faraz, Haleem Adil Sheikh.

The data shows that the PHC has granted bail in 866 cases, while 178 applications remain pending before the court.

On June 2, 2022, Imran Khan had also appeared before the PHC seeking bail in 14 cases registered against him following the party's 'Azadi March' – the first protest march organized after Khan's removal from office through a vote of no-confidence.

The legal community remains divided on the practice of seeking transit bail from PHC.

Is transit bail a right?

Naveed Akhtar, a practicing lawyer at the Supreme Court, stated that while granting bail to accused persons who appear before the court in person is not concerning, the issue lies in how accused individuals from Sindh, Balochistan, and Punjab manage to reach the PHC for transit bail.

"The PHC needs to reconsider its criteria for granting bail by seeking explanations from accused persons about why they didn't approach the relevant courts within their lawful jurisdictions instead of traveling to the PHC from other provinces," Akhtar suggested.

Senior lawyer Shabir Hussain Gigyani notes that while transit bail lacks explicit legal basis, it is grounded in the principle of access to justice, ensuring accused persons can face charges while preserving their rights to liberty and fair trial under Pakistan's Constitution.

However, Gigyani considers the practice of traveling from other provinces to the PHC for transit bail as an abuse of the system, particularly when some leaders repeatedly seek renewals or extensions in violation of court orders.

Speaking to Nukta, PTI Women Wing President Kanwal Shauzab described Peshawar as a political 'Qibla' for PTI leadership.

"False cases have been registered against us in Islamabad and Punjab, so we don't expect justice there, therefore we reach Peshawar with a hope of justice," she added.

The government, however, maintains that the cases are legitimate and accuses PTI of engaging in "anti-state" activities and inciting violence during protests.

Shauzab stated that although protecting citizens' rights is their responsibility, police continue to file false cases and arrest PTI leaders and workers, while courts have failed to take action against this practice.

PTI now limited to KP?

Journalist Ali Akbar believes that while PTI leaders continue to seek bail from the PHC, the party's political influence has diminished since Khan's imprisonment, with its activities now largely confined to Peshawar.

Akbar notes that although PTI remains a major political force, its leaders have become reluctant to take action, fearing arrest, and many have sought refuge in KP government rest houses.

He suggests that PTI leaders from other provinces should continue their party activities without fearing arrest, noting that imprisonment and politics have always been interlinked.

He also described KP as a 'safe haven and wall of protection' for PTI leadership.

Speaking to Nukta, PTI Chairman Barrister Gohar Ali Khan pointed out that any court has the jurisdiction to grant transit bail, making it a routine matter.

Amid the ongoing crackdown on PTI activities nationwide, including social media restrictions and mass arrests, Gohar stated that the party aims to remain peaceful but cannot organize events in other provinces, as all other governments, except the KP government, oppose them.

"When we organize party activities in other provinces, governments impose Section 144 and start arresting our workers, and even harass those who rent facilities to the PTI. That's why we prefer Peshawar," Gohar explained.

*Reporting by Kamran Ali