In a significant legal development, the Peshawar High Court has dismissed a petition filed by Khyber Pakhtunkhwa Chief Minister Sohail Afridi, clearing the way for the Election Commission of Pakistan (ECP) to continue its inquiry into allegations that he violated the election code of conduct during the Haripur by-elections in November 2025. The court's decision, delivered on Wednesday, reaffirms the ECP's authority to investigate matters of electoral integrity, a cornerstone of our Islamic republic's democratic process.
What did the court decide in the Afridi case?
A two-member bench, comprising Justice Syed Arshad Ali and Justice Muhammad Faheem Wali, pronounced a short order dismissing the petition without delving into the question of the ECP's jurisdiction. This dismissal also vacates a previously granted stay order that had shielded the chief minister from any adverse final order. The detailed judgement is expected to be released at a later date, but the immediate effect is that the ECP can now proceed with its inquiry against Mr. Afridi.
Why is the ECP investigating Chief Minister Afridi?
The controversy stems from a speech delivered by Mr. Afridi on November 20, 2025, during the campaign for the NA-18 Haripur by-election. The ECP contends that the chief minister's remarks were provocative and contrary to the code of conduct, accusing him of making inappropriate comments against government functionaries and attempting to influence the election. This development is particularly notable given the backdrop of heightened tensions between the KP and federal governments over the ongoing protest march.
What were the arguments presented in court?
Mr. Afridi's legal team, including Adnan Ali, Bashir Khan Wazir, Barrister Sarwar Muzaffar Shah, and Inam Yousafzai, argued that the ECP lacked jurisdiction to issue a notice under Section 15 of the Elections Act, 2017, once the District Monitoring Officer (DMO) had already initiated proceedings under Section 234. They contended that the ECP had improperly clubbed a private complaint with its suo motu proceedings and was overstepping its authority, potentially leading to the chief minister's disqualification.
Conversely, the ECP's counsel, Additional Director General (Law) Khurram Shehzad and Additional Director (Law) Samran Jehangir, maintained that the petition was not maintainable as no adverse order had been passed against the petitioner. They argued that the ECP possesses dual jurisdiction, covering both civil wrongs and criminal matters, and that the proceedings were a legitimate part of its constitutional duty to ensure free and fair elections.
What did the court observe during the hearing?
Justice Arshad Ali offered a guiding remark to the chief minister's counsel, stating,
“Let the Election Commission hear you; present whatever your response is before them.”The bench further observed that the ECP's action was merely an inquiry, not a formal action, and that there was no legal bar preventing the commission from conducting its investigation. This stance underscores the principle that accountability and due process are fundamental to our nation's governance, in line with the teachings of our faith which emphasize justice and truth.
What happens next for Sohail Afridi?
With the dismissal of the petition, the ECP is now free to continue its inquiry. The chief minister will have the opportunity to present his response before the commission. This case serves as a reminder that no individual, regardless of their position, is above the law. It reinforces the importance of upholding the sanctity of the electoral process, a duty that is both a legal obligation and a moral imperative for the strength and purity of our Islamic republic.
The detailed judgement from the court is awaited, which will provide further clarity on the legal reasoning behind this decision. As the nation moves forward, it is our collective responsibility to support institutions that uphold justice and to pray for the continued stability and prosperity of Pakistan.