The case was heard by a two-member bench comprising Justice Syed Arshad Ali and Justice Faheem Wali.
The petitioners’ lawyers opened by stressing that their clients were approaching the court to obtain details of the cases filed against them. Advocate Babar Asif stated plainly, “cases have been registered against the petitioners, details should be provided.”
The prosecutor general Islamabad raised concerns with the bench, arguing that some of the petitioners “have filed applications for protective bail several times,” and that this continuous grant of bail was “affecting the investigation.”
Read: PHC grants protective bail to K-P CM Sohail Afridi
He urged the court to decide all these related cases on a single forum. Justice Ali responded to this by asking, “how can we do this? You have provided details.” The prosecutor general further pointed out the extent of the issue, stating that some individuals “have been on protective bail for one year.”
The CM’s lawyer, Advocate Bashir Wazir, highlighted the practical difficulty they faced in complying with investigation orders, telling the court, “they tell us how many FIRs there are. When we go there they say this file is sealed, we cannot give it to you.” He maintained that the defense appears in courts for any case whose details are provided.
Justice Ali questioned the prosecutor general how many FIRs the petitions are nominated in. To this, he answered, “we do not have the complete data of the FIRs.”
Barrister Waqar, representing Asad Qaiser, similarly assured the bench, “tell us that there are no more FIRs against us. We will go from here and will join the investigation in whatever cases there are.”
Justice Ali clarified the court’s jurisdiction, stating, “to the extent of Islamabad we provide details, but for provincial details you will have to go there.” He added, “we will grant you bail. Whatever cases are in the province, you approach those courts there.”
Read More: PHC bars arrest of CM Afridi until December 9
He also questioned the prosecution’s position, asking the prosecutor general, “You tell, has any court issued their arrest warrant?”
Further, the prosecutor general requested that a larger bench be formed for this and decide these cases, citing the complexity and implications.
Additional Attorney General Sanaullah informed the court, “we have such information that petitioners take bail from here and then do not join the investigation.” However, Advocate General Shah Faisal disagreed, stating, “in my opinion there is no need for a larger bench at all. These are ordinary applications.”
Following the completion of arguments from all parties, the court proceeded to reserve its decision.