Petition in Federal Constitutional Court seeks recovery of three KP leaders
A constitutional petition has been filed in the Federal Constitutional Court seeking the recovery of Sohail Afridi, Babar Saleem Swati and MNA Junaid Akbar Khan. It was filed by MNA Shandana Gul Zar.
- Petition filed in the Federal Constitutional Court for Sohail Afridi, Babar Saleem Swati and Junaid Akbar Khan
- Filed by MNA Shandana Gul Zar under Article 175E(3)
- It asks the court to order the three be produced and their location and reasons for detention disclosed
A constitutional petition has been filed in the Federal Constitutional Court seeking the recovery of Sohail Afridi, Babar Saleem Swati and MNA Junaid Akbar Khan, according to Express News and Daily Pakistan.
The petition was submitted by MNA Shandana Gul Zar under sub-article 3 of Article 175E of the Constitution, Daily Pakistan said, citing Dunya News.
Express News reported that the petition names the Ministry of Defence, the Ministry of Interior, the Chief Secretary of Khyber Pakhtunkhwa and the province's Inspector General of Police as parties. Daily Pakistan listed the Ministry of Interior, the chief secretary and the IG police.
The petition raises the question of the constitutional limits of powers under Articles 232, 234 and 245. The petitioner argues that under these provisions no one may be held illegally in custody. Express News added that the petition says citizens' fundamental rights cannot be suspended under the pretext of governor's rule or an emergency.
The petition asks the court to declare illegal the detention and the restrictions on the movement of the three leaders. It also asks the court to order that Sohail Afridi, Babar Saleem Swati and Junaid Akbar Khan be produced before it.
It further asks the court to direct the authorities to disclose immediately where the three are held and why they were detained. It seeks access for them to lawyers and family, medical facilities, and protection from torture.
The petitioner states that the action, taken for political purposes, is an abuse of power and a violation of fundamental rights. The reports do not say when the court will hear the petition.
Background
khabr.pk reported on 11 November that the Khyber-Pakhtunkhwa chapter of JUI-F announced street protests in all districts on 15 November. On 5 November it reported that the Election Commission suspended local government election steps in the province after a federal order extended the suspension of Article 140-A.
Why it matters for Pakistan
The petition concerns three political figures from Khyber Pakhtunkhwa and names federal and provincial officials, including the provincial police chief and chief secretary. Its questions on the limits of powers under Articles 232, 234 and 245 bear on how custody and movement restrictions are treated in the province. The outcome before the Federal Constitutional Court will show how the court responds to the demand to disclose the leaders' location and reasons for detention.
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