IHC nullifies PTI lawmakers' eight-day physical remand

ISLAMABAD: The Islamabad High Court (IHC) on Friday nullified the Pakistan Tehreek-e-Insaf (PTI) lawmakers' eight-day physical remand in connection with the Islamabad powershow cases. 

After hearing the arguments of both parties, IHC Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz announced the reserved judgement.

The development comes days after the police on September 9 arrested a number of PTI leaders in several cases after the party's power show in Islamabad last week.

The cases include the reported attack on police at Chongi No 26 — which turned into a battleground as PTI workers and law enforcement agencies (LEAs) clashed after the formers deviated from routes leading to Sangjani, venue of the party’s public gathering.

Anti terrorism court (ATC) Judge Abual Hasnat Muhammad Zulqarnain on September 10 sent PTI leaders, including Sher Afzal Marwat, Zain Qureshi, Amir Dogar, Naseem Shah, Ahmed Chattha, Sheikh Waqas Akram and Shoaib Shaheen, to jail on eight-day physical remand in a case lodged at Sangjani police station related to attack on police personnel near Chongi No 26 area during the rally.

The hearing

During hearing of the case, the high court chief justice pointed out comedy of errors in the case, saying whoever wrote the first information report (FIR) should be given credit for writing a good comedy.

Justice Farooq said all the orders for the PTI leaders' physical remand were similar. It was an "unprecedented phenomenon", he said, referring to the arrest of the opposition party’s multiple lawmakers in one go.

"Let the state reply to this as to what had happened that remand for eight days was given for each of them," he said.

Upon Islamabad prosecutor general’s reading the FIR, the IHC CJ quipped, saying even its writer was a fascinating person.

"He blamed [senior lawyer] Shoaib Shaheen of possessing a pistol. Do I not know Shoaib Shaheen? He blamed Gohar Khan [another senior advocate] of drawing a pistol from his pocket. Do you and I not know Gohar,” he asked.

Justice Farooq asked what conclusion should be drawn from the "comedy" that you just read.

The prosecutor general said a baton was recovered from PTI Chairman Gohar. Upon hearing this, IHC CJ Farooq and the entire courtroom burst out laughing.

A pistol was found in possession of PTI leader Sher Afzal Marwat as well, the prosecutor maintained.

The IHC CJ asked it had been four days and the investigators had done everything they wanted to do, so why the remand was given for eight days on the basis of "ridiculous allegations" in the case. It could have been given for two days, he said.

“Even if the allegations are accepted as true, it should have come through a procedure,” he said, adding "a movie could be made over the concocted story as it arouses fascination".

He said a short order would be released for now to provide the legislators relief.

Justice Farooq said an application had come against arrests from the Parliament which would be set for hearing the next week.

"What are you doing, you will not let the dignity of any institution remain intact? Parliament is the mother of all institutions," CJ Farooq lambasted over the arrests.

The Islamabad's prosecutor general said terrible anti-state speeches were made in the rally.

The chief justice replied if his words were to be accepted, then a suspect of murder could be killed in encounter. “Where is the fair trial then? No matter how serious a crime someone has committed, he has the right to a fair trial,” he remarked.

He said first such an act was committed in the same court and then in the Parliament as well.

Justice Rafat asked if an inquiry was held about what training was imparted to the police officials who lodged the case.