Sohail Afridi faces setback as PHC rejects plea challenging his nomination in May 9 case

PESHAWAR: The Peshawar High Court has rejected a petition challenging the nomination of Khyber Pakhtunkhwa Chief Minister Sohail Afridi in the May 9 Radio Pakistan attack case, upholding the orders of an anti-terrorism court.

The petition was filed by the special prosecutor challenging the Punjab Forensic Science Agency (PFSA) and National Database and Registration Authority (NADRA) reports in the case, through which Afridi and other Pakistan Tehreek-e-Insaf (PTI) leaders were nominated as accused in the case.

Earlier, police submitted an investigation report before an anti-terrorism court (ATC) in the May 9 Radio Pakistan attack case, naming Sohail Afridi, former provincial ministers Taimur Saleem Jhagra and Kamran Bangash, and PTI Peshawar president Irfan Saleem among the accused.

The report was submitted before ATC Judge Wali Mohammad during the hearing of the case concerning the ransacking and torching of the Radio Pakistan Peshawar building during the May 9, 2023 unrest.

PHC Justice Sahibzada Asadullah heard the petition on Monday.

During the proceedings, the special prosecutor told the high court that the trial of the May 9 and 10 Radio Pakistan attack case was already under way before the ATC and that the chief minister, former provincial ministers Taimur Saleem Jhagra and Kamran Bangash, PTI Peshawar district president Irfan Saleem and another party activist had been nominated on the basis of the forensic and NADRA reports.

The prosecutor argued that the police had sent video footage to the forensic laboratory on a USB drive, saying this was not the correct procedure. He further contended that the names of the newly nominated accused had not been included in the initial challan and were added subsequently.

Counsel for Radio Pakistan, Supreme Court lawyer Shabbir Hussain Gigyani, opposed the petition, arguing that the challenge should have been filed by the accused themselves and that the special prosecutor was not competent to challenge the reports in this manner.

After hearing arguments from both sides, the high court dismissed the petition.

Talking to the media after the hearing, Radio Pakistan’s counsel Gigyani said Sohail Afridi could lose the Khyber Pakhtunkhwa chief ministership if he was convicted in the case.

Gigyani further said that a conviction could also lead to the dissolution of the provincial government and potentially result in Afridi’s lifetime disqualification.

The comments were made after the Peshawar High Court rejected the special prosecutor’s petition and upheld the anti-terrorism court’s orders in the May 9 Radio Pakistan attack case.

Court had rejected earlier police report

The ATC rejected an earlier investigation report submitted by the police, terming it incomplete and inconclusive.

On September 18, Judge Wali Mohammad directed the investigating officer to submit a conclusive report after taking into account forensic findings by the PFSA and identification reports from NADRA.

The court had fixed September 24 as the next date of hearing and ordered the investigation officer and DSP Khushal Khan to submit a comprehensive report.

The earlier report had become a point of contention because it did not contain a clear opinion from the investigating officer on the findings of the forensic agencies.

Forensic report identifies PTI leaders in footage

The case took a significant turn earlier this year after the PFSA examined video footage related to the May 9 incidents.

According to the forensic report, 16 videos submitted by Peshawar police were analysed frame by frame.

The laboratory said the facial features of Sohail Afridi, Taimur Jhagra, Kamran Bangash and Irfan Saleem matched those of individuals appearing in the footage.

The forensic examination, however, was limited to visual material. The laboratory also reported that while several videos showed no evidence of editing, some clips contained indications of added text or logos, while signs of clip splicing were detected in two videos involving Sohail Afridi and Irfan Saleem.

The PFSA report itself established identification of individuals appearing in the footage; it did not, according to a subsequent Dawn report, state that the videos were footage of the Radio Pakistan occurrence.

NADRA was also asked to verify the identities of the individuals whose profile photographs were provided for comparison.

Earlier dispute over nomination

In March, police had nominated Sohail Afridi, Taimur Saleem Jhagra, Kamran Bangash, Irfan Saleem and PTI activist Amir Khan Chamkani — but the prosecution had initially not submitted the report or challan to the ATC.

The Radio Pakistan administration subsequently approached the court, seeking directions for the prosecution to submit the report.

The ATC had already been conducting the trial of 75 accused persons, including serving and former lawmakers. They were indicted on multiple charges in June 2025 and pleaded not guilty.

What happened at Radio Pakistan

The case relates to the attack on the historic Radio Pakistan Peshawar building during the unrest that followed the arrest of PTI founder and former prime minister Imran Khan on May 9, 2023.

The building, which also housed offices of Associated Press of Pakistan (APP), was ransacked and set on fire during the protests.

The FIR was registered at the East Cantonment Police Station on May 10, 2023, on the complaint of the then SHO Arbab Naeem Haider under provisions of the Pakistan Penal Code and Anti-Terrorism Act.

The prosecution case has involved a large number of accused, while the latest proceedings concern the police investigation into the additional suspects identified through video and identity verification.