PESHAWAR: The Peshawar High Court (PHC) has declined to consider a request from the provincial advocate general’s office to form a judicial commission to investigate the May 9, 2023, violent protests in the province, insisting that the request in its current form violates rules.

The provincial cabinet had decided on June 27 to establish a judicial commission to look into the riots, which erupted in the province following the arrest of Pakistan Tehreek-i-Insaf founder Imran Khan in Islamabad.

In a letter written to the high court’s registrar on July 30, a copy of which is available with Dawn, Advocate General Shah Faisal Utmankhel said that the objective of the judicial commission approved by the cabinet was to “inquire into the facts surrounding the May 9, 2023, [violence], which is a public importance issue.”

“As the jurisdiction of the inquiry officer is about any matter dealt in sections 178 and 170 of the Code of Criminal Procedure, the commission, according to the law, has got every jurisdiction to conduct inquiry under those laws,” it said.

The court’s registrar responded to the letter on Friday, saying the request can’t be taken up in its current form.

“Such request can’t be considered in its present form as being in violation of the Khyber Pakhtunkhwa Rules of Business, 1985,” he said in the formal response.

When contacted, provincial government spokesman Barrister Mohammad Ali Saif said the court had not directly replied to the government as its letter was received by the AG’s office, which would send its copy to the law department.

“After receiving that copy of the letter, we will be in a position to offer comments,” he said.