Peshawar High Court refers missing PTI leaders’ cases to larger bench

The Peshawar High Court on Tuesday referred petitions seeking the recovery of missing Pakistan Tehreek-e-Insaf (PTI) leaders, including suspended Khyber Pakhtunkhwa Chief Minister Sohail Afridi and provincial assembly Speaker Babar Saleem Swati, to the chief justice for the formation of a larger bench.

Why did the Peshawar High Court refer the missing PTI leaders’ cases to a larger bench?

Justice Syed Arshad Ali proposed the referral after the provincial government asked for more time to respond, despite having already received 10 days. He criticized the authorities for not complying with earlier court orders.

The advocate general endorsed the proposal, and the court sent the matters to the chief justice.

What did the PTI counsel argue before the bench?

A two-member bench comprising Justice Syed Arshad Ali and Justice Muhammad Faheem Wali took up the petitions on Tuesday. The cases concern the alleged disappearance and detention of Afridi, Swati, PTI provincial president Junaid Akbar, lawmakers Dr Amjad, Fazal Muhammad Khan, Fazal Shakoor and Amjid Ali, among others.

PTI counsel Bashir Khan Wazir told the court that the provincial governor and advisers had confirmed that Afridi, Swati and Akbar were in protective custody. He also argued that legislation passed by the provincial assembly granted immunity to its speaker and lawmakers, preventing their arrest.

How did the provincial government and the judge respond?

The provincial government sought more time to respond. Advocate General Sanaullah told the court that reports had been requested from the police, law enforcement agencies and the Home Department.

The request prompted Justice Arshad Ali to question the government’s failure to comply with the court’s earlier directions, particularly after it had been given 10 days to submit its report. The judge observed that the chief minister and assembly speaker were not ordinary individuals and criticized the authorities for failing to provide the required information.

“You are not complying with the court’s orders,” Justice Ali remarked, adding that the court could have granted only three days but had allowed the government 10 days to respond.

Justice Ali then proposed referring the petitions to the chief justice for the constitution of a larger bench. The advocate general endorsed the proposal and also requested that a larger bench hear the cases. The court subsequently referred the matters to the chief justice for further proceedings before a larger bench.

When were the petitions filed and what do they seek?

The petitions were filed on October 13 and first taken up on October 20, when the high court sought responses from the provincial government, police and other relevant authorities.

They seek the recovery of the missing PTI leaders and allege that they were abducted by armed men wearing masks.

The petitioners have also requested an independent investigation, the preservation of CCTV footage and security records, and legal action against those responsible.

What happened in Khyber Pakhtunkhwa before the reported disappearances?

The reported disappearances followed the federal government’s imposition of Governor’s Rule and a state of emergency in Khyber Pakhtunkhwa on October 11.

The federal government cited escalating militant attacks and what it described as the provincial administration’s failure to address the deteriorating security situation.