PTI Lawmaker Approaches FCC for Release of Sohail Afridi

ISLAMABAD: PTI lawmaker Shandana Gulzar approached the Federal Constitutional Court (FCC) on Thursday. She sought the immediate release of Sohail Afridi, the non-functional Khyber Pakhtunkhwa chief minister, the provincial assembly speaker, and other party workers.

Background of Detention

Afridi has not been seen since the Centre imposed governor's rule and emergency in Khyber Pakhtunkhwa on Oct 11. The next day, a federal minister confirmed that he and some cabinet members were in preventive custody.

Although the government transferred powers to KP Governor Faisal Karim Kundi, PTI said Afridi "remains and shall continue" to serve as KP chief minister with the confidence and support of party founder and former premier Imran Khan.

Details of the Petition

In her petition filed on Thursday, Gulzar, who is a member of the National Assembly, asked the court to direct the production of Afridi, Swati, PTI KP President Junaid Akbar, and other party workers before the court.

The respondents named in the petition include:

  • Federal secretaries of interior and defence
  • KP chief secretary
  • KP Home and Tribal Affairs Department secretary
  • KP inspector general of police
  • Peshawar capital city police officer
  • Peshawar deputy commissioner
  • Federal Investigation Agency (FIA) director general

The petition asked the FCC to order the respondents to immediately disclose before the court their whereabouts, the identity of the authority exercising custody, the legal instrument and statutory provisions used, the grounds of detention, and the date and circumstances of their taking into custody.

It also urged the court to order the production of PTI's provincial leadership in person so that their present condition, liberty, and legal status could be ascertained. The petition said the legality of any restraint on their liberty should be examined judicially.

Legal Arguments in the Petition

Gulzar sought a declaration from the FCC that Articles 232, 234, and 245 of the Constitution do not give authority to arrest, detain, confine, or conceal the whereabouts of any person in disregard of the Constitution and applicable law.

The petition argued that such exercise of state power remains subject to constitutional safeguards and judicial review.

It pleaded that the exercise of executive authority under Article 234 or deployment under Article 245 cannot lawfully be used to bypass fundamental rights guaranteed under Articles 4, 9, 10, 14, 17, 19, and 19-A of the Constitution.

The petition also prayed that the FCC should order access to legal representation and family members for the detained party leaders. It also asked for necessary medical examination and treatment, and protection against torture, coercion, intimidation, or any form of cruel, inhuman, or degrading treatment.

The petition said any action by the respondents, if found motivated by political considerations or intended to frustrate constitutional and democratic rights, would amount to abuse of public authority or violation of fundamental rights guaranteed under the Constitution.

Gulzar requested the FCC to order the immediate release of the detained PTI leaders, subject to any lawful order passed by a competent court according to the Constitution and the law.

Previous Court Developments

On Oct 13, Afridi's brother Muhammad Amir approached the Peshawar High Court (PHC) to trace his whereabouts. He filed a petition seeking recovery and investigation into the alleged illegal detention and abduction from the Chief Minister House on Oct 11.

The petition claimed he was taken away by unidentified armed and masked individuals in the presence of the capital city police officer. On Nov 3, the PHC referred the plea, including those against the alleged abduction of Swati and Akbar, to the chief justice for the formation of a larger bench.

On Oct 31, the PHC granted interim bail to scores of PTI activists detained under the Maintenance of Public Order Ordinance after the imposition of emergency.

However, on Nov 5, the FCC restrained the high court from hearing cases concerning the arrests of scores of PTI activists detained under the ordinance. Subsequently, the PHC removed around 105 petitions from its Nov 10 cause lists, including those challenging the imposition of emergency and governor's rule, and the alleged illegal detention of Afridi, Swati, Akbar, and scores of lawmakers.

PTI Chairman Moves FCC

Meanwhile, PTI Chairman Barrister Gohar Khan also approached the FCC on Thursday to seek his impleadment in the case concerning the PHC being restrained from hearing cases regarding the detention of PTI activists.

Through a miscellaneous application, he stated that he was a petitioner before PHC in a case where he challenged the imposition of governor's rule and proclamation of emergency.

The application requested the FCC to order his impleadment so that he could become an intervenor in the pending matter, advance his arguments, present his point of view, or submit a written statement.

The petition also pleaded before the FCC to modify its Nov 5 order so that petitions challenging governor's rule and state of emergency in KP before the high court should not remain suspended.