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Provincial govt in Pakistan to file case against capital police chief over ‘raid’ on KP House

Opposition party-run province of Khyber Pakhtunkhwa plans FIR against Islamabad IG, citing alleged attacks, and vandalism at provincial house amid recent political unrest

Provincial govt in Pakistan to file case against capital police chief over ‘raid’ on KP House
Law enforcement personnel at the entrance to Khyber Pakhtunkhwa House in Islamabad where Pakistan Tehreek-e-Insaf's provincial chief minister Ali Amin Gandapur was along with party supporters, on October 5, 2024.
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The opposition Pakistan Tehreek-e-Insaf (PTI) run provincial government announced Thursday it will file an FIR against the police chief of the federal capital for 'vandalizing' the Khyber Pakhtunkhwa House - a government property meant for officers of the provincial government located in the capital.

The decision, spearheaded by KP Chief Minister Ali Amin Gandapur during a cabinet meeting, followed reports of alleged police action against KP officials. Cabinet members voiced concerns over law enforcement's treatment of PTI workers and their families, including the reported use of tear gas during protests in Islamabad.

Last month, the former ruling party held yet another protest march towards the federal capital, Islamabad, led by CM Gandapur. The KP chief minister and other PTI members reached the capital but took refuge in KP House. Authorities raided the location but failed to detain Gandapur, who mysteriously disappeared, only to reemerge the next day during a KP Assembly session in Peshawar.

Provincial Information Advisor Barrister Dr. Muhammad Ali Saif spoke to reporters at the Peshawar Press Club, stating that KP House’s property and vehicles were damaged, and officials were harassed during the incident. "An FIR will be filed against the IG Islamabad for the attack on KP House," Saif said, adding that the case would be lodged in KP.

Saif compared the action to prior FIRs registered in Pakistan for incidents occurring overseas, including the murder case of Muttahida Qaumi Movement(MQM) leader Dr. Imran Farooq, which was filed in Pakistan despite taking place in London.

Legal questions raised

Constitutional expert Hafiz Ehsaan Ahmad Khokhar noted that filing an FIR in KP for an incident in Islamabad might lack legal grounding. "Legally, an FIR must be filed within the jurisdiction where the alleged offense occurred," Khokhar told Nukta, explaining that Islamabad police should handle any complaints within their local limits.

Khokhar pointed out that should an FIR be filed in KP, it risks being dismissed by the Peshawar High Court for lack of jurisdiction. "Such an FIR could set an unstable precedent for both the country and the police," he warned.

What happened at KP House

The alleged incident occurred after CM Gandapur, fresh from leading a political rally to Islamabad, was stopped at KP House for tea. According to KP government accounts, Islamabad police entered the premises, reportedly damaging vehicles and furniture, harassing officials, and intimidating families of KP Members of the Provincial Assembly who were present.

Following the incident, the Capital Development Authority (CDA) briefly sealed KP House, citing building code violations. It was later reopened on court orders.

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