PESHAWAR: Peshawar High Court on Tuesday disposed of plea of Pakistan Broadcasting Corporation (PBC), challenging formation of a special committee by the Khyber Pakhtunkhwa Assembly speaker from probing ransacking and torching of Radio Pakistan building in Peshawar during a protest following the arrest of former prime minister and PTI founder Imran Khan in May 2023.

A bench consisting of Justice Sahibzada Asadullah and Justice Inamullah Khan ruled that the petition filed by PGC was premature as so far the impugned committee had not put forward any recommendations, which could influence the ongoing trial conducted by an anti-terrorism court of the occurrence.

The bench observed that the petitioner could again move the court if in future recommendations of the probe committee influenced the trial. The bench also recalled a stay order issued by the court on Jan 28, restraining the respondents including the committee proceeding further in the matter till next order.

PBC had filed the petition through its Peshawar station director, Tufail Ahmad, requesting the court to declare as illegal and set aside a notification issued by KP Assembly Speaker Babar Saleem Swati on Dec 26, 2025, for probing the Radio Pakistan incident through a special committee.

Bench terms petition premature as trial court not influenced by probe body

Currently, an anti-terrorism court is conducting the trial in the attack case, with 75 accused, including both current and former lawmakers, being indicted on June 3, 2025, on multiple counts. The accused had pleaded not guilty and decided to face trial.

The petitioner’s counsel stated that in a sitting on Dec 16, 2025, KP Assembly passed a motion for constituting a special committee for probing the occurrence. He added that the speaker later issued the impugned notification of the 15-member special committee having provincial law minister Aftab Alam as its chairperson.

The ToRs of the committee include probing and determining the actual incident occurred in Radio Pakistan, Peshawar, on May 9 and 10, 2023; finding causes and circumstances of the incident to ascertain whether the incident was due to a well-planned conspiracy, and the role of law enforcement agencies and their ‘excesses’.

He stated that the committee also included some present lawmakers, who had also been charged in the occurrence.

The bench wondered as to how it could interfere in the matter when so far the committee had not issued any directives to the trial court, which could influence its proceedings. The counsel stated that the speaker had no authority to constitute such like committee.

The bench observed that the petitioner should not be worried about the proceedings of the committee when it had limited powers.

During course of hearing, Justice Asadullah commented that they had bold judges, who couldn’t be influenced by anyone.

The counsel apprehended that as lawmakers were members of the committee, they would be influencing the ongoing trial. He added that those lawmakers couldn’t become judges in their own case.

He questioned whether, in a sub judice matter, the provincial government would be competent to proceed in such a manner and whether such proceedings would not prejudice the case of prosecution.

He said that on May 10, 2023, Radio Pakistan Peshawar building was attacked, ransacked and burned down by ‘politically charged and motivated’ persons, while FIR of the incident was registered at Cantonment police station.

He said that it was unfortunate that a number of people charged were lawmakers and at helm of affairs, running day-to-day affairs of the provincial government.

The lawyer said that once the trial court took cognisance of the matter and as many as 15 witnesses appeared before the court and their statements got recorded, whether in such eventuality the respondents, more particularly the speaker was competent to constitute a special committee to look into the case, which was sub judice in the court of competent jurisdiction.

Published in Dawn, February 25th, 2026