PESHAWAR: The brother of former Khyber-Pakhtunkhwa (K-P) chief minister Sohail Afridi has approached the Peshawar High Court (PHC), seeking his immediate recovery and alleging that his reported abduction and continued detention violate his fundamental rights.
Muhammad Aamir filed the petition through his lawyer, Bashir Khan Wazir, requesting that the court establish Afridi’s whereabouts, determine who has custody of him and examine the legal basis for his detention.
The petition follows reports of Afridi’s detention after the federal government imposed emergency and governor’s rule in K-P on October 11, ending the Pakistan Tehreek-e-Insaf-led provincial government’s authority and transferring powers to Governor Faisal Karim Kundi.
The federal government has confirmed that Afridi and some members of his cabinet were placed in preventive custody. Minister of State for Interior Talal Chaudhry subsequently clarified that Afridi was in protective custody and had not been arrested.
Brother Raises Concerns Over Afridi’s Safety
According to the petition, Afridi was detained at the Chief Minister’s House in Peshawar at approximately 2pm on October 11 before being taken away by individuals described as armed and masked.
The petitioner alleged that the incident occurred in the presence of Peshawar Capital City Police Officer (CCPO) and expressed concern that Afridi might have been moved to an undisclosed location and held against his will.
“The petitioner and the family members of the abductee are seriously concerned about his safety, physical integrity and continued liberty,” the petition stated, calling for judicial intervention to prevent further harm.
The petition argued that Afridi’s position as chief minister did not diminish his constitutional protections and that the circumstances surrounding his reported disappearance required an immediate response from the relevant authorities.
“His public office does not diminish his fundamental rights; rather, the circumstances of the present incident call for immediate and effective action by the competent authorities to ascertain his whereabouts and ensure his safety,” the petition stated.
Aamir asked the court to direct the police to trace Afridi and produce him before the court if he was found in custody within its territorial jurisdiction, allowing the legality of his detention to be examined.
Petition Seeks Independent Judicial Inquiry
The petition calls for an independent judicial inquiry into the circumstances surrounding Afridi’s reported removal from the Chief Minister’s House.
It asks the authorities to establish the identities of the individuals allegedly involved, determine whether vehicles were used to transport him and trace the route taken after he was removed from the premises.
The petitioner also requested a detailed report from the CCPO explaining the circumstances of the incident, the people present at the time, the security arrangements in place and the steps taken immediately afterwards.
The petition emphasised that the inquiry should establish the facts rather than presume anyone’s guilt.
It stated that the circumstances required verification through official records, eyewitness accounts and other available evidence, particularly given the reported presence of a senior police officer at the time of the incident.
Court Asked to Preserve CCTV Footage and Security Records
The petitioner has urged the court to order the immediate preservation of evidence that could help establish Afridi’s whereabouts and identify those involved.
The requested material includes CCTV footage from the Chief Minister’s House, its entrances and exits, nearby roads and possible routes used to transport him.
The petition also seeks the preservation of security logs, entry and exit registers, vehicle access records, official duty rosters and communications relating to the incident.
It argues that delays in securing such material could undermine the investigation and make it more difficult to identify the people involved.
The petitioner further asked the court to direct the police to register a first information report if one had not already been filed and if the facts legally warranted it.
Petition Cites Constitutional Safeguards
The petition invokes Articles 4, 9, 10 and 14 of the Constitution, which address protections relating to treatment under the law, life and liberty, safeguards concerning arrest and detention, and human dignity.
It also invokes Article 199, under which the High Court may order the production of a person in custody in circumstances covered by the provision. Additionally, it refers to Section 491 of the Code of Criminal Procedure, 1898, concerning directions in the nature of habeas corpus within its scope.
“The impugned detention and disappearance of the abductee is wholly illegal, unlawful, without lawful authority and of no legal effect,” the petition stated.
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The petitioner argued that the authorities had not disclosed a lawful basis for Afridi’s reported detention and asked the court to ensure that his whereabouts, safety and legal status were established without unnecessary delay.
The requested relief includes a preliminary report within a timeframe set by the court, Afridi’s production if he is found in custody or under the control of any person or authority, and appropriate measures to secure his safe recovery if he is being unlawfully detained.
The petition also seeks periodic progress reports until his whereabouts and safety have been established, along with legal action against anyone found responsible following due process.
Government Confirms Preventive Custody After Governor’s Rule
The petition comes amid political uncertainty following the federal government’s decision to impose emergency and governor’s rule in K-P on October 11 under Articles 232 and 234 of the Constitution.
The government cited the deteriorating law and order situation and what it described as insufficient support from the provincial administration in efforts to combat terrorism.
Reports of Afridi’s detention emerged shortly after the announcement. Provincial Information Minister Shafi Jan said the former chief minister had been arrested and urged people to gather in Peshawar.
On October 12, Talal Chaudhry confirmed that Afridi and some members of his cabinet had been placed in preventive custody.
“Yes, I can confirm that the chief minister and some of his cabinet members have been taken into preventive custody,” he told Reuters.
Chaudhry said those facing cases would be charged and tried, while others would be released.
A senior police official also confirmed the detention of eight people, including Afridi, PTI MNA Junaid Akbar and K-P Assembly Speaker Babar Saleem Swati.
The legal challenge now seeks judicial clarification of Afridi’s whereabouts and the circumstances of his detention. The allegations contained in the petition remain claims by the petitioner, and the court’s findings will be necessary to establish the relevant facts and determine whether any legal violations occurred.
