- KP advocate general says CM Gandapur is very clear that inquiry will take place no matter what comes
- PHC registrar says the request could not be considered as it violates provisions of Rules of Business of 1985
PESHAWAR: Following the Peshawar High Court (PHC) ‘refusal to form a judicial commission’ to carry out an investigation into the fateful events of May 9, the Khyber Pakhtunkhwa government has decided to refer the issue back to the provincial cabinet.
Chief Minister Ali Amin Gandapur-led government had written to the Peshawar High Court (PHC), requesting a judicial commission to investigate the fateful events that unfolded on May 9, 2023.
Last month, Provincial Law Minister Aftab Alam Afridi confirmed that the letter had been addressed to the PHC CJ to nominate a judge or judges for the judicial commission as per the decision of the KP cabinet made on June 27.
The PHC’s registrar, in response to the provincial government’s request for the constitution of a judicial commission — said that the province’s request could not be considered as it violates the provisions of the Rules of Business of 1985 and the forum which had written the letter lacked the mandate to do so.
Following the PHC refusal, KP Advocate General Shah Faisal Uthmankhel said the provincial government has decided to refer the matter back to the provincial cabinet after consultations with KP CM Gandapur.
Reiterating the provincial government’s stance on the issue, AG Uthmankhel said: “The chief minister has made it clear that the inquiry will take place no matter what”.
Expanding on the PHC’s response to their letter, the advocate general said that the court didn’t specify what violation had occurred and didn’t mention which exact provision of the Rules of Business of 1985 was violated.
He claimed that the procedure via which the provincial government sought the constitution of a judicial commission was correct and no such provision exists in the said legislation that was transgressed upon.
“If the high court does not want to carry out an inquiry, then it should simply refuse,” he noted.
“The KP government will [obviously] write a letter to the high court through me. The government gave me the responsibility to speak to the court,” Uthmankhel said, adding that the PHC didn’t consult them on the said matter.
It is to be noted that the Pakistan Tehreek-e-Insaf has been accused of its alleged involvement in the May 9 riots that saw military installations including Rawalpindi’s General Headquarters (GHQ) and Lahore Corps Commander’s House vandalised by arsonists.
The then-Prime Minister Shehbaz-Sharif-led Pakistan Democratic Movement (PDM) government, as well as the incumbent regime, have time again blamed the PTI for orchestrating the riots — an allegation vehemently denied by the former ruling party with its founder Khan saying that he would sack and himself seek punishment for the PTI members if they were found involved in the incidents.
The military has also called for the perpetrators of the riots to be punished as per the Constitution and the law of the land to preserve credibility and faith in the country’s justice system.
“Army’s stance on [May 9] is clear, which was conveyed in the May 7 [2024] press conference. There has been no change in that nor will there be,” Director General Inter-Services Public Relations (DG ISPR) Major General Ahmed Sharif Chaudhry said in a press conference last month.
