Federal Court issues stay order against ATC proceedings in Peshawar in Radio Pakistan attack case

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Radio Pakistan, Picture Via Radio Pakistan Website/ www.radio.gov.pk

On March 26, the Federal Constitutional Court (FCC) issued a stay order against the Anti-Terrorism Court-III (ATC) in Peshawar from proceedings of the May 2023 attack on Radio Pakistan’s premises in Peshawar. This decision follows claims of political influence and executive interference, which allegedly compromised the trial’s impartiality. The FCC’s intervention halted the ongoing legal process and issued notices to 84 respondents, including Khyber Pakhtunkhwa (KP) Chief Minister Sohail Afridi.

Headed by Justice Ali Baqar Najafi, the two-judge bench stayed the proceedings on a petition by the Pakistan Broadcasting Corporation (PBC), which argued for transferring the case out of Khyber Pakhtunkhwa. The PBC cited concerns over the trial’s fairness due to political pressures within the province. The PBC’s legal action seeks to relocate the proceedings to a competent anti-terrorism court in either the Federal Capital Territory of Islamabad or another province.

The legal dispute traces back to 10 May 2023, when over 70 individuals reportedly broke into and ransacked the Radio Pakistan Peshawar building. The assailants allegedly vandalised property, set vehicles ablaze, and assaulted staff members, causing significant damage to the historical site and its contents.

In the aftermath, the ATC-III framed charges against various individuals on 3 June 2025. However, the accused, including several high-ranking provincial officials, pleaded not guilty.

The petition highlighted several contentious actions by the provincial authorities, such as the cabinet’s decision to withdraw from prosecuting cases linked to the May 2023 unrest, including the attack on Radio Pakistan.

Moreover, the petition noted the appointment and subsequent withdrawal of a special prosecutor who had previously defended some of the accused, and the KP Provincial Assembly speaker’s formation of a special committee to conduct a parallel investigation. Notably, this committee included accused individuals.

The PBC also accused the Prosecutor General’s office of withholding a supplementary report prepared by the investigating officer. This report identified additional suspects based on information from the Punjab Forensic Science Agency and the National Database and Registration Authority (Nadra).

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