Justice Aurangzeb regrets expressing anger at ATC judge in his absence

ISLAMABAD: The Islamabad High Court declared the physical remand of Pakistan Tehreek-e-Insaf leader Azam Swati in eight criminal cases as null and void and ordered him to be sent to jail on judicial remand. 

Justice Miangul Hassan Aurangzeb of the IHC observed on Thursday that his anger during Wednesday’s hearing was not justified as the presiding officer was not present before the court. He said remarks which could not be written down in the judgment should not be said in the court proceedings.

A division bench comprising Justice Miangul Hassan Aurangzeb and Justice Arbab Mohammad Tahir heard the petitions against Azam Swati’s physical remand orders. Swati’s lawyer Ali Bukhari, Prosecutor General Islamabad Ghulam Sarwar, Law Officer IG Office Tahir Kazim and DSP Legal Sajid Cheema appeared before the court.

The court inquired from Azam Swati’s lawyer if he said only one remand should be given in all the cases. It observed how the presiding officer could grant remand in all cases at the same time.

The IHC further observed that Anti-Terrorism Court Judge Abul Hasnat Zulqarnain’s explanation was submitted in the court. Justice Aurangzeb, after perusal of the report, remarked that according to the presiding officer he called for the records of all the cases and it took some time to pass orders in all cases.

The court asked what was wrong with giving remand at 6:30pm because, according to the judge, there were 13 cases and all this process took time. It expressed its satisfaction with the report given by the presiding officer.

Ali Bukhari Advocate said that a petition was filed in the high court and it was found that 12 cases were registered against Azam Swati while information of an FIR was deliberately suppressed from the details submitted to the high court.

Justice Aurangzeb said that one person was physically remanded, and after the remand ended, the second remand was taken. The court observed that the presiding officer should have asked the prosecution how they were obtaining the remand of the suspect in a case registered on October 5.

It inquired whether the prosecution intends to seek further physical remand of Azam Swati now. The prosecutor general said he cannot make any statement in this regard yet. Justice Arbab Muhammad Tahir inquired whether Azam Swati is now arrested in all the cases. The prosecutor general said that if physical remand has been obtained in all the cases, then the petitioner is arrested in all the cases.

During the hearing, the court addressed the prosecutor general and observed that according to the registrar’s report, het PG office have received notices and now you have to see against whom action should be taken.

The prosecutor general said that he checked the office record and the notice had not been received. The court observed that the registrar’s office would conduct an inquiry in this regard. It ordered the registrar of the high court to conduct an inquiry into the receipt of notices by the parties, including the Prosecutor General’s Office.

Meanwhile, the IHC ordered police to produce Azam Swati on his bail application. Justice Saman Rafat Imtiaz heard the petition filed by Pakistan Tehreek-e-Insaf leader Azam Swati for obtaining the details of the cases and for protective bail. Advocate Ali Bukhari, Zakaria Arif and Hasan Sajjad appeared in the court on behalf of Azam Swati. The court ordered the police to produce the petitioner at 9am on Friday.