Families move PHC for recovery of Sohail Afridi, Babar Swati

PESHAWAR: Separate petitions have been filed in the Peshawar High Court seeking the recovery of deposed Khyber Pakhtunkhwa chief minister Sohail Afridi and provincial assembly speaker Babar Saleem Swati, with the petitioners alleging that both leaders were taken away by armed men.

The legal challenges come after the federal government imposed emergency and governor’s rule in Khyber Pakhtunkhwa on October 11, suspending the Pakistan Tehreek-e-Insaf-led provincial government and transferring its powers to Governor Faisal Karim Kundi.

Afridi and Swati were among the provincial leaders taken into preventive custody following the imposition of the measures, according to police sources.

Minister of State for Interior Talal Chaudhry confirmed on October 12 that Afridi and some cabinet members had been detained, saying those facing cases would be charged and tried while others would be released.

Afridi’s brother, Muhammad Amir, filed a constitutional petition in the high court on Tuesday, seeking his immediate recovery and production before the court.

The petition maintains that Afridi was taken from the Chief Minister’s House in Peshawar by armed and masked men in the presence of the capital city police officer (CCPO). It describes the alleged detention as a violation of the Constitution and fundamental human rights.

The petitioner has asked the court to direct the relevant authorities to establish Afridi’s whereabouts and produce him before the court so that the legality of his detention can be examined.

He has also sought a detailed report from the CCPO explaining the circumstances in which Afridi was taken away, the security arrangements in place, the people present at the time and the steps taken afterwards.

The petition further requests that all relevant CCTV footage, security logs, entry and exit registers, duty rosters, vehicle-access records and other evidence be preserved. It also seeks an impartial investigation into the alleged abduction and detention.

Petition also seeks recovery of assembly speaker

A separate constitutional petition has been filed in the Peshawar High Court over the alleged abduction of provincial assembly speaker Babar Saleem Swati.

According to the petition, Swati was also taken away by armed men in the presence of the CCPO. The petitioner has asked the court to order the speaker’s immediate recovery and production before it.

The petition seeks directions for the CCPO to submit details of the alleged incident and the security arrangements in place. It also asks the court to order the identification of those involved and legal action against anyone found responsible.

The petitioner has further sought the immediate preservation of CCTV footage and all other evidence relevant to the alleged abduction.

The allegations made in the petitions have yet to be established in court. The petitions seek judicial intervention to establish the leaders’ whereabouts, examine the circumstances of their detention and determine whether the authorities acted lawfully.

Emergency and governor’s rule in KP

President Asif Ali Zardari approved the imposition of emergency under Article 232 of the Constitution and governor’s rule under Article 234 on October 11, on the advice of Prime Minister Shehbaz Sharif.

The federal government cited the worsening security situation and what it described as the provincial government’s lack of cooperation in counterterrorism efforts. Law Minister Azam Nazeer Tarar said the provincial government led by the chief minister had ceased to exist and its powers had been transferred to the governor. The arrangement was announced for six months.

The PTI has rejected the federal government’s justification for the move, while opposition leaders have criticised the suspension of the elected provincial government.

The detentions and the petitions seeking the leaders’ recovery have added to political tensions following the emergency proclamation. The high court has been asked to intervene as questions remain over the circumstances in which the two leaders were taken into custody and the legal basis for their detention.