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Tuesday July 02, 2024

IHC suspends Parvez Elahi’s detention under 3-MPO

Court orders Islamabad police to release PTI president

By Awais Yousafzai
September 05, 2023
PTI President Chaudhary Parvez Elahi leaves after attending a court case hearing, at High Court in Lahore on Friday, September 1, 2023.— PPI
PTI President Chaudhary Parvez Elahi leaves after attending a court case hearing, at High Court in Lahore on Friday, September 1, 2023.— PPI

The Islamabad High Court Tuesday suspended Pakistan Tehreek-e-Insaf (PTI) President Parvez Elahi’s detention under Section 3 of the MPO (Maintenance of Public Order) and ordered his release.

The court's orders were issued after the senior politician had filed a plea against the detention.

IHC Justice Tariq Mehmood Jahangiri heard the plea that sought the declaration of Elahi’s detention under the 3-MPO order “null and void”.

The 3-MPO order was issued by the district magistrate of Islamabad.

The Elahi’s lawyer, during his arguments, said his client has been in jail for three months and questioned how he could possibly create a law and situation in custody.

He also read out the 3-MPO order in the court and shared that his client has not issued any statement in the last four months.

The counsel said that Elahi has no case registered against him in Islamabad and he was discharged from the anti-corruption case.

He added that the senior politician's arrest in the corruption case by the National Accountability Bureau (NAB) was also declared illegal by the Lahore High Court.

Meanwhile, the court inquired if Elahi was involved in riots or held rallies in Islamabad, to which his lawyer replied in negative.

He also informed the court about the contempt of court proceedings against Islamabad district commissioner for passing a similar order against PTI leader and former minister Shehryar Afridi.

Justice Jahangiri maintained that the politician has been detained for more than three months. Subsequently, the judge issued a notice to Islamabad DC, summoning him to the court on the next hearing.

The IHC also directed Elahi to avoid giving any statement until the next hearing.

LHC summons Islamabad commissioner

Meanwhile, the Lahore High Court (LHC) Justice Mirza Waqas Rauf heard the plea challenging the arrest of Elahi by the Islamabad police despite the court’s order and directed the federal capital commissioner to present Elahi before the court tomorrow (Wednesday).

Elahi’s lawyer apprised the court of IHC’s verdict to suspend his client's detention and order his release.

“Prima facie, the state is reluctant to produce Parvez Elahi before the court,” the LHC remarked.

The judge said the matter of contempt against the Islamabad Inspector General (IG) Dr Akbar Nasir Khan — in connection with Elahi’s detention under 3-MPO (Maintenance of Public Order) last week — is already before the court.

The prosecutor, during his arguments, said the district sessions judge concerned was directed to present the senior politician as per the court’s order.

“The Islamabad chief commissioner did not adhere to the court’s order,” the court stated in its order, directing him and the police to present Elahi in the court on Wednesday.

Both officers of Islamabad are also directed to appear before the court in a personal capacity, the court’s order read.

The hearing on the case has been adjourned till tomorrow.

Doctors conduct Elahi's routine medical check-up

During his months-long detention, Elahi has filed multiple pleas seeking his release and quashing of the cases against him. His health, too, has taken a hit during his time of incarceration.

A day earlier, a spokesperson of the Pakistan Institute of Medical Sciences (Pims) confirmed that the former Punjab chief executive was brought to the hospital for a “routine medical check-up”.

Doctors conducted a medical examination of Elahi at the “emergency” of the hospital, the spokesperson added. “His [Elahi] blood pressure and various tests were conducted.”

Following his medical examination, the police took him back to the Attock jail, the spokesperson also said.

Elahi was initially arrested on June 1 from outside his residence in a Rs70 million graft case related to the embezzlement of development funds allocated for the Gujrat district.

Since then, the PTI Chairman Imran Khan's aide has been behind bars on various charges. During a span of around two and half months, the PTI leader was released multiple times on the courts’ orders but was rearrested immediately every time.

He was taken into custody during a crackdown launched against the party’s leadership following the May 9 riots.