Sohail Afridi’s brother moves PHC over alleged abduction

The brother of Khyber-Pakhtunkhwa Chief Minister Sohail Afridi has approached the Peshawar High Court (PHC), seeking his immediate recovery and an independent judicial inquiry into his alleged abduction and detention.

Muhammad Aamir filed the petition through his lawyer, Bashir Khan Wazir, expressing serious concerns about Afridi’s whereabouts, safety and continued detention. The petition maintains that the alleged incident violated his fundamental rights and calls on the authorities to disclose where he is being held and under what legal authority.

The legal move comes amid political uncertainty in Khyber-Pakhtunkhwa following the imposition of emergency and governor’s rule on October 11, which ended the Pakistan Tehreek-e-Insaf (PTI)-led provincial government’s authority and transferred powers to Governor Faisal Karim Kundi.

According to the petition, Afridi was detained at the Chief Minister’s House in Peshawar at around 2pm on October 11. It alleges that unidentified armed and masked individuals took him away in the presence of the Peshawar Capital City Police Officer (CCPO).

The petitioner has questioned how such an incident could occur at a sensitive government building despite the reported presence of a senior police officer. He has asked the court to establish the sequence of events, identify those involved and determine the circumstances surrounding Afridi’s removal from the premises.

The petition also raises concerns that Afridi may have been moved to an undisclosed location and could be held against his will. It urges the court to ensure that his current location and physical condition are established without delay.

Aamir has requested that the High Court direct the relevant police authorities to trace Afridi and produce him before the court if he is found within its jurisdiction or in the custody of any person or authority. The court has also been asked to examine the legality of any detention.

The petition seeks a detailed report from the CCPO Peshawar explaining the circumstances of the alleged incident, the security arrangements at the Chief Minister’s House, the individuals present at the time and the actions taken afterwards.

It also calls for the preservation of CCTV footage from the building’s entrances and exits, nearby roads and possible routes used to transport Afridi. The petitioner has requested that access records, security logs, vehicle registers, duty rosters and official communications be secured to assist the investigation.

According to the petition, these records could help establish the identities of those involved, the vehicles allegedly used and the route taken after Afridi was removed from the premises. It warns that delays in preserving the evidence could hamper efforts to determine what happened.

The petitioner has further asked the court to order an independent judicial inquiry and direct the police to register a first information report if one has not already been lodged and the available facts warrant such action under the law. He has also sought periodic progress reports until Afridi’s whereabouts and safety are confirmed.

The plea invokes Articles 4, 9, 10 and 14 of the Constitution, which concern treatment in accordance with law, protection of life and liberty, safeguards relating to arrest and detention, and human dignity. It also refers to Article 199 of the Constitution and Section 491 of the Code of Criminal Procedure, provisions cited in support of seeking judicial intervention over a person’s alleged unlawful detention.

The petition argues that Afridi’s position as a public officeholder does not reduce his entitlement to constitutional protections. It asks the court to ensure his safe recovery, examine the legality of his custody and take appropriate action against anyone found responsible following an investigation.

Meanwhile, the federal government has confirmed that Afridi and some members of his cabinet were taken into preventive custody. Minister of State for Interior Talal Chaudhry said on October 12 that the chief minister and other officials had been placed in protective custody, clarifying that Afridi had not been formally arrested.

Chaudhry said those facing cases would be charged and tried, while individuals against whom there were no cases would be released. A senior police official also confirmed that eight people had been detained, including Afridi, PTI lawmaker Junaid Akbar and Khyber-Pakhtunkhwa Assembly Speaker Babar Saleem Swati.

Earlier, provincial Information Minister Shafi Jan had announced Afridi’s arrest and urged people to gather in Peshawar. The federal government’s subsequent confirmation of preventive custody added to uncertainty surrounding the legal status of those detained.

The emergency and governor’s rule were imposed on October 11 under Articles 232 and 234 of the Constitution. The federal government cited the deteriorating security situation and alleged shortcomings in the provincial administration’s cooperation in counterterrorism efforts.

The petition places Afridi’s alleged detention before the High Court for judicial scrutiny. It seeks urgent action to establish his whereabouts, ensure his safety and determine whether the authorities acted within the law. No judicial finding on the allegations has been reported in the information available.