PHC upholds ATC order allowing forensic examination of Radio Pakistan CCTV footage

PESHAWAR: The Peshawar High Court (PHC) has dismissed a review petition filed by the provincial government against an order of an anti-terrorism court allowing forensic examination of CCTV footage in the Radio Pakistan attack case, directing the trial court to proceed with the proceedings.

Justice Sahibzada Asadullah issued the written judgment, upholding the decision of the special ATC that had allowed a USB containing CCTV footage to be sent for forensic examination.

According to the judgment, the Radio Pakistan building and its property were damaged during the May 9, 2023 unrest. A case was subsequently registered against 82 suspects during the investigation, and their trial commenced. The court noted that some of the accused were later elected as members of the provincial assembly and were currently serving in the house.

ATC had rejected plea to withdraw prosecution

The written order said the provincial cabinet had sought withdrawal of the prosecution during the trial, but the ATC rejected the request after considering the nature of the incident and the legal interests of Pakistan Broadcasting Corporation, which owns Radio Pakistan.

During the proceedings, Pakistan Broadcasting Corporation produced a USB containing CCTV footage before the trial court and requested that the material be examined by the Punjab Forensic Science Agency.

The ATC accepted the request and ordered the USB to be sent for forensic analysis.

The provincial government subsequently approached the high court, arguing that the ATC did not have the authority to order forensic examination of new material after the trial had commenced.

PHC says ATC can examine material for fair trial

The high court rejected the argument, holding that an ATC has the authority to order forensic examination of material when necessary to reach a fair and proper decision in a case.

The judgment clarified that the ATC had neither ordered the reopening of the investigation nor directed police to submit a fresh challan.

It further held that ordering forensic examination of an electronic device could not be treated as interference in the police investigation.

The high court directed the ATC to continue the trial and decide the evidentiary value of the CCTV footage and forensic report on merit. The ruling means the forensic examination of the CCTV material can proceed while the trial in the Radio Pakistan attack case continues before the ATC.