Detention of Sohail Afridi, Babar Saleem Swati and Seven Other Lawmakers Challenged in Federal Constitutional Court
ISLAMABAD: A petition challenging the arrest and detention of nine members of provincial assemblies, including Khyber Pakhtunkhwa Chief Minister Sohail Afridi and Speaker Babar Saleem Swati, has been filed in the Federal Constitutional Court, seeking their immediate release.
According to reports, Opposition Leaders Mahmood Khan Achakzai and Raja Nasir Abbas filed the petition through prominent lawyer Advocate Muzammil Butt, challenging the actions of the government and relevant institutions.
The petition maintains that the arrest and detention of nine lawmakers, including Sohail Afridi and Babar Saleem Swati, are unconstitutional. It requests the court to order authorities to produce all detained members before it so that the legal grounds for their detention can be examined and their immediate release ordered.
The petition argues that detaining elected public representatives undermines and weakens the electoral mandate given to them by the people.
It also raises the constitutional question of whether state institutions can restrict the political activities and constitutional and parliamentary roles of elected representatives on the basis of their political affiliation.
According to the petition, targeting and detaining lawmakers for political reasons constitutes a clear violation of Articles 4, 14, 17 and 25 of the Constitution of Pakistan.
The applicants have also requested the government to inform the court about the current whereabouts of the detained lawmakers and clarify the legal basis of their detention.
The petition further argues that the extraordinary powers available under Articles 232, 234 and 245 of the Constitution cannot override the fundamental rights of citizens and elected representatives.
It maintains that the imposition of Governor’s Rule in the province does not suspend citizens’ fundamental rights and that every action taken by the state remains subject to judicial review by the Federal Constitutional Court.
The petition also recalls that Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan had assigned Mahmood Khan Achakzai and Allama Raja Nasir Abbas the important responsibility of holding political negotiations with the government.
In this context, it argues that using state machinery to suppress political differences or corner elected representatives is contrary to the Constitution and the law.
The petition seeks judicial intervention to ensure the protection of constitutional rights, establish the legal status of the detained lawmakers and secure their immediate release.
