Federal Constitutional Court stays trial in Radio Pakistan attack case
2026-03-27 - 03:20
• Petition seeks its transfer from Peshawar ATC to a court in federal capital or any other province • Fears ‘political interference’ as KP CM is also among the accused ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday stayed the special judge of the Anti-Terrorism Court-III (ATC), Peshawar, from proceeding in a case relating to the May 10, 2023 attack on Radio Pakistan Peshawar, in which Khyber Pakhtunkhwa Chief Minister Sohail Afridi is also among the accused. Headed by Justice Ali Baqar Najafi, a two-judge FCC bench stayed the trial court proceedings on a petition filed by the Pakistan Broadcasting Corporation (PBC), seeking the transfer of the criminal case regarding the attack on Radio Pakistan Peshawar from KP to a competent anti-terrorism court in Federal Capital Territory Islamabad or any other province, in the interest of justice, in view of the alleged political pressure and executive interference that have undermined the prospects of a fair trial. Notices were also issued to 84 respondents in the case. The PBC approached the FCC through its counsel, Syed Zulfikar Abbas Naqvi, under Article 175(E)(3) and (5), read with Article 187 of the Constitution, and named 84 respondents, including the KP chief minister, the provincial government, its police chief, the prosecutor general, and dozens of other individuals allegedly involved in the attack. On May 10, 2023, the petition stated that over 70 individuals forcibly trespassed into the Radio Pakistan Peshawar premises after breaking the main entrance gate, vandalised the building, set vehicles on fire, destroyed public property, unlawfully confined employees, and physically assaulted them. As a result, the old and historic premises of Radio Pakistan Peshawar suffered extensive destruction and damage. Later, charges were framed against the respondents by ATC-III, Peshawar, on June 3, 2025, to which the accused pleaded not guilty. ‘Political influence’ The petition claimed that several accused individuals were sitting ministers and members of the provincial assembly with close ties to the ruling party. The petitioner specifically named the KP chief minister, Fazal Elahi, Sami Ullah, Adeel Ahmed, Mina Khan, Arbab Muhammad Waseem, and Asif Khan as politically influential accused. The petition alleged that the provincial cabinet approved withdrawal from prosecution in cases arising from the May 9-10, 2023 events, including the Radio Pakistan case. Subsequently, a notification issued on Dec 10, 2025 appointed a special prosecutor who had previously appeared as defence counsel for some of the accused persons. This appointment was later withdrawn after the petitioner raised objections, the petition argued. Later, the KP Provincial Assembly speaker formed a special committee in December 2025 to conduct a parallel probe into the Radio Pakistan incident. Shockingly, the committee included accused persons Fazal Elahi, Sami Ullah, and Arbab Muhammad Waseem as members, the petition noted. Radio Pakistan challenged this notification before the Peshawar High Court, which set it aside, describing it as unlawful and without legal authority. The petition further alleged that the office of the prosecutor general deliberately withheld a supplementary report under Section 173 CrPC, prepared by the investigating officer, which identified additional accused persons based on evidence from the Punjab Forensic Science Agency, Lahore, and the National Database and Registration Authority (Nadra), Islamabad. Published in Dawn, March 27th, 2026