Pakistan court seeks government, police replies on recovery of suspended KP CM Sohail Afridi

The Peshawar High Court (PHC) issued notices to the Khyber Pakhtunkhwa government, police authorities, and law enforcement agencies on Tuesday, October 20, seeking formal responses to petitions demanding the recovery and production of suspended Chief Minister Sohail Afridi, Provincial Assembly Speaker Babar Saleem Swati, and Pakistan Tehreek-e-Insaf (PTI) provincial president Junaid Akbar.

What transpired during the court hearings regarding Afridi's whereabouts?

A divisional bench comprising Justice Syed Arshad Ali and Justice Farah Jamshid took up the petitions challenging the alleged enforced detention of the provincial leadership following the federal government's proclamation of emergency and Governor’s Rule on October 11. During the proceedings concerning Sohail Afridi, the petitioner’s counsel argued that the suspended chief executive was taken into custody without legal authorization immediately after the provincial administration was sidelined.

When Justice Arshad Ali inquired directly about Afridi's current location, asking, "Where is he, anyway?", the counsel replied that unconfirmed reports indicated Afridi was being held at one of two administrative facilities, including the Shahi Guest House. The bench questioned why the petitioner had not nominated the Khyber Pakhtunkhwa Chief Secretary as a principal respondent in the petition, ordering the legal team to address procedural omissions while directing the provincial government, police leadership, and relevant departments to file detailed replies within two days.

What are the allegations surrounding the detentions under Governor's Rule?

In companion petitions heard by the same bench, counsel for Speaker Babar Saleem Swati and PTI provincial chief Junaid Akbar submitted that both figures were similarly detained following the enforcement of direct federal control, with family members and legal representatives denied access or information regarding their places of confinement.

The lawyer underscored that Swati is the custodian of a constitutional office as Speaker of the provincial legislature, making his arbitrary detention a severe constitutional breach. The bench issued notices to the provincial government, the Inspector General of Police (IGP), and associated security agencies, instructing them to submit comprehensive reports within 10 days.

The petitions, originally filed on October 13, allege that Afridi, Akbar, and Swati were abducted by unidentified masked, armed personnel in the presence of Peshawar's Capital City Police Officer (CCPO).

The petitioners have asked the high court to order an independent judicial inquiry, mandate the immediate preservation of CCTV footage and security transit logs around the sites of apprehension, and initiate criminal proceedings against those responsible. While Khyber Pakhtunkhwa Governor Faisal Karim Kundi publicly stated that Afridi was placed in "protective custody" and remains in "safe hands," the petitions assert that authorities are unlawfully withholding the leaders' physical locations and denying them due legal process.

The legal standoff follows the federal government’s invocation of Articles 232 and 234 of the Constitution on October 11 to impose emergency and Governor’s Rule in Khyber Pakhtunkhwa, citing deteriorating security conditions and rising militant attacks across the province.

High court officials have prioritized the habeas corpus matters for expedited hearings once the state's preliminary replies are placed on the judicial record.