PESHAWAR (Kashmir English): The Peshawar High Court has dismissed the Khyber Pakhtunkhwa government’s review petition challenging an Anti-Terrorism Court (ATC) order concerning forensic examination of CCTV footage in the May 9, 2023 Radio Pakistan Peshawar attack case.
Justice Sahibzada Asadullah issued the written judgment, upholding the ATC’s decision and directing the trial court to proceed with the case.
According to the judgment, the Radio Pakistan building in Peshawar was attacked on May 9, 2023, resulting in significant damage to the property. During the investigation, a case was registered against 82 accused persons, and proceedings subsequently began before the ATC.
The case later included the names of Sohail Afridi, Taimur Saleem Jhagra, Kamran Bangash, Irfan Saleem and Amir Chamkani, following verification by the Punjab Forensic Science Agency and NADRA, according to the case record cited in the judgment.
During the trial, the Pakistan Broadcasting Corporation (PBC) approached the court, stating that it had a USB device containing CCTV footage of the incident. The PBC requested that the device be sent for forensic examination.
The ATC accepted the request and ordered the USB to be examined by the Punjab Forensic Science Agency. The provincial government subsequently challenged the order before the High Court, arguing that the trial court did not have authority to introduce or examine new material after the trial had commenced.
The High Court rejected this argument, holding that the ATC has the authority to examine material considered relevant or necessary for reaching a fair decision in the case.
The court observed that the ATC had neither ordered the police to reopen the investigation nor directed the registration of a new FIR or challan. It had only ordered forensic examination of an electronic device already within the court’s jurisdiction.
The review petition was therefore dismissed. The ATC was directed to continue the trial and consider the CCTV footage and forensic report on their merits.
The court’s decision keeps the forensic evidence in the case and allows the trial proceedings to continue in accordance with law.
