The prosecution opposes requests that the granting of protective bail has effects on the investigation
The Peshawar High Court (PHC) on Monday reserved its verdict on a series of petitions filed by prominent PTI figures – including Khyber Pakhtunkhwa Chief Minister Sohail Afridi, MNA Asad Qaiser and former CM Ali Amin Gandapur – seeking release on protective bail and details of cases registered against them.
The case was heard by a two-member bench comprising Justice Syed Arshad Ali and Justice Faheem Wali.
The petitioners’ lawyers began by highlighting that their clients were approaching the court to obtain details of the cases filed against them. Advocate Babar Asif clearly stated, “Cases have been registered against the petitioners, details should be provided.”
Attorney General Islamabad expressed concern before the court, arguing that some of the petitioners “have made applications for protective bail several times” and that this continued grant of bail was “affecting the investigation”.
Read: PHC grants protective bail to KP CM Sohail Afridi
He urged the court to decide all these related cases in a single forum. Justice Ali responded to this by asking: “How can we do this? You have provided details.” The attorney general further highlighted the extent of the problem, stating that some people “have been on protective bail for a year.”
Highlighting the practical difficulty they faced in complying with the probe orders, the CM’s lawyer, Advocate Bashir Wazir, told the court: “They tell us how many FIRs there are. When we go there, they say this file is sealed and we cannot hand it over to them.” He maintained that the defense is presented in court for any case whose details are provided.
Justice Ali asked the attorney general in how many FIRs the petitions are nominated. To this, he responded, “we do not have the complete data of the FIRs.”
Advocate Waqar, representing Asad Qaiser, similarly assured the court, “tell us that there is no more FIR against us. We will leave here and join the investigation in whatever case there is.”
Justice Ali clarified the court’s jurisdiction and stated, “as far as Islamabad is concerned we provide details, but for provincial details we will have to go there.” And he added: “We will grant them bail. Any case that there is in the province, go to those courts there.”
Read more: PHC bans CM Afridi’s arrest till December 9
He also questioned the prosecution’s position and asked the attorney general: “Tell me, has any court issued your arrest warrant?”
Additionally, the attorney general requested that a larger chamber be formed for this to decide these cases, citing the complexity and implications.
Additional Solicitor General Sanaullah informed the court: “We have information that the petitioners come out on bail from here and then do not join the investigation.” However, Advocate General Shah Faisal disagreed, stating that “in my opinion, there is no need for a larger court. These are ordinary applications.”
Once the arguments of all parties had been completed, the court proceeded to reserve its decision.
