LAHORE: The Lahore High Court (LHC) Friday issued a written order declaring the law was violated by giving physical remand of PTI founder in twelve cases.
A two-member bench consisting of Justice Tariq Saleem Sheikh and Justice Anwarul Haq Pannu declared in a 5-page judgment physical remand of PTI founder null and void.
The written order said there are judgments of high courts on physical remand. “During physical remand, the charges have to be examined by the Judicial Magistrate. If the case is not made, the judge can discharge the case”, the order said.
The Constitution grants rights to every citizen, the court said, declaring the Prosecutor General could not satisfy the court on legal grounds. Petitions of founder PTI are accepted, physical remand is declared null and void, the judges wrote.
The court said it cannot be denied more threats are being received by the judges. The court did not agree with the Prosecutor General’s contention PTI founder created the narrative and influenced others’ mind for the attacks. Why the political narrative of respecting the vote not implemented, the judges asked.
The order said when the founder of PTI did not ask for attack, it does not constitute a crime. “Judiciary is criticised by sitting in the TV programmes at night, saying the court let the accused go. The court cannot accept such a talk show”, the order said.
The police and the prosecution could not provide reasons for the physical remand of the accused. On July 15, on the basis of a government notification, PTI founder chairman was remanded, it said.
Remand of accused arrested for one year was not demanded in 12 cases maliciously. Police assertion accused’s messaging through WhatsApp is a criminal conspiracy could not prove the criminal act from the record, the order said.
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