ATC begins proclaimed offender process against Sohail Afridi in Radio Pakistan case

An anti-terrorism court in Peshawar has begun proceedings to declare dysfunctional Khyber Pakhtunkhwa Chief Minister Sohail Afridi a proclaimed offender in the Radio Pakistan attack case. The move follows a police report saying he could not be traced.

Judge Wali Mohammad Khan noted that the detective foot constable (DFC) of the East Cantonment police station had returned the warrants against Mr Afridi and Pakistan Tehreek-i-Insaf (PTI) activist Mohammad Amir Khan. The overleaf reports stated that neither could be found.

What the court ordered

The judge directed that proclamation notices under Section 87 of the Code of Criminal Procedure (CrPC) be issued against both men. He also ordered a notice to the DFC so that a corroborative statement could be recorded.

"Proclamation notices under Section 87 of CrPC should be issued against accused Sohail Afridi and Amir Khan, with notice to the DFC for recording a corroborative statement," the judge said. He fixed Nov 24 for the DFC's report and further proceedings.

Under Section 87, a court satisfied that a person has absconded or is concealing himself may publish a written proclamation requiring appearance at a specified place and time, not less than thirty days from publication. The proclamation must be read publicly in a conspicuous place where the person ordinarily resides and affixed to his house and to the courthouse.

According to the prosecution, the notices will be affixed at the residences and offices of the two accused. If they still fail to appear, proceedings under Section 512 CrPC will begin to formally declare them proclaimed offenders, after which permanent arrest warrants are likely.

Proclamation notices under Section 87 of CrPC should be issued against accused Sohail Afridi and Amir Khan, with notice to the DFC for recording a corroborative statement,

Judge Wali Mohammad Khan, Anti-Terrorism Court, Peshawar

Whereabouts unclear since Oct 11

The warrants listed Mr Afridi's residential address in Bara, Khyber district, but did not describe him as the dysfunctional chief minister. Mr Afridi has not been seen since the governor's rule and emergency were imposed in Khyber Pakhtunkhwa on Oct 11.

While his whereabouts remained unknown, a federal minister and then other government functionaries disclosed that he and some cabinet members were in preventive custody. Amir Khan was also reportedly taken into custody a few days ago but has not been produced before any court.

Mr Afridi's brother challenged his alleged illegal detention or abduction in the Peshawar High Court. The court halted proceedings after the Federal Constitutional Court suspended its powers to hear cases under Article 199 of the Constitution.

How the case widened

The judge had ordered arrest warrants on Oct 28 after a supplementary charge-sheet named Mr Afridi, Amir Khan, former provincial ministers Taimoor Saleem Khan and Kamran Bangash, and PTI Peshawar president Irfan Saleem. They are accused in connection with the May 2023 ransacking and torching of the Radio Pakistan building in Peshawar. Warrants against Mr Afridi and Amir Khan followed on Nov 5.

None of the five was named in the first information report or the earlier charge-sheet. The supplementary charge-sheet followed Punjab Forensic Science Agency and National Database and Registration Authority (Nadra) findings on video clips and profile pictures. The forensic agency concluded that the facial features of the five matched suspects seen in the rioting footage, while Nadra identified CNIC numbers described as probable matches.

Radio Pakistan Peshawar station director Tufail Ahmad recorded a supplementary statement nominating the five, according to the investigation officer's report. The newly named accused dispute the footage, saying it does not relate to the incident.

Taimoor Saleem Khan, Kamran Bangash and Irfan Saleem appeared before the court and were granted interim pre-arrest bail. The trial of 75 accused, including current and former lawmakers, is under way. The FIR was registered at East Cantonment police station on May 10, 2023.