- CM has made it clear that inquiry will take place no matter what: AG.
- Uthmankhel complains that court didn't consult them on said matter.
- He says court should simply refuse it doesn't want to conduct probe.
PESHAWAR: The Khyber Pakhtunkhwa government has decided to refer the issue of investigation of the May 9 riots back to the provincial cabinet after the Peshawar High Court (PHC) turned down the Chief Minister Ali Amin Gandapur-led government's request for probing last year's incidents.
"Have held consultations with KP CM Gandapur after the PHC's response. and it has been decided to take the matter back to the provincial cabinet," KP Advocate General Shah Faisal Uthmankhel said while speaking to Geo News on Saturday.
The advocate general's remarks come after the PHC's registrar — in response to the provincial government's request seeking the constitution of a judicial commission to probe last year's riots triggered after Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's arrest in a graft case — said that the province's request could not be considered as it violates the provisions of the Rules of Business of 1985 and the forum which had written the letter lacked the mandate to do so.
The KP government's letter in question, which was also confirmed by provincial Law Minister Aftab Alam Afridi last month, had requested the PHC CJ to nominate a judge or judges for the judicial commission as per the decision of the KP cabinet made on June 27, The News reported on Saturday.
The former ruling party has been under scrutiny for its alleged involvement in the May 9 riots that saw military installations including Rawalpindi's General Headquarters (GHQ) and Lahore Corps Commander's House being vandalised by mobs.
The then-Prime Minister Shehbaz-Sharif-led Pakistan Democratic Movement (PDM) government, as well as the incumbent regime, have time again blamed the PTI for orchestrating the riots — an allegation vehemently denied by the former ruling party with its founder Khan saying that he would sack and himself seek punishment for the PTI members if they were found involved in the incidents.
The military has also called for the perpetrators of the riots to be punished as per the Constitution and the law of the land to preserve credibility and faith in the country’s justice system.
"Army's stance on [May 9] is clear, which was conveyed in the May 7 [2024] press conference. There has been no change in that nor will there be," Director General Inter-Services Public Relations (DG ISPR) Major General Ahmed Sharif Chaudhry said in a press conference last month.
Reiterating the provincial government's stance on the issue, AG Uthmankhel said: "The chief minister has made it clear that the inquiry will take place no matter what".
Expanding on the PHC's response to their letter, the advocate general said that the court didn't specify what violation had occurred and didn't mention which exact provision of the Rules of Business of 1985 was violated.
He claimed that the procedure via which the provincial government sought the constitution of a judicial commission was correct and no such provision exists in the said legislation that was transgressed upon.
"If the high court does not want to do an inquiry, then it should simply refuse," he noted.
"The KP government will [obviously] write a letter to the high court through me. The government gave me the responsibility to speak to the court," Uthmankhel said, adding that the PHC didn't consult them on the said matter.
