ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) leader Shahbaz Gill on Wednesday approached the Islamabad High Court (IHC) against the local court’s decision of granting his two-day physical remand in the sedition case.
The PTI leader moved the petition through his lawyers, Shoaib Shaheen and Faisal Fareed advocate and cited additional sessions judge, East Islamabad, the State, Inspector General of Police, Islamabad, SSP (Investigation), Islamabad (Head of JIT), and others as respondents.
He adopted on the petition that the impugned order is illegal, unlawful, and baseless, and the FIR itself is a “pack of lies” and it is registered on the behalf of the incumbent government to settle political score with the applicant party, the PTI and its leadership including its chairman Imran Khan.
He contended that the order of the area magistrate was well reasoned and detailed as the need for further physical remand had not been found keeping in view the facts of the case.
“That it was clearly mentioned in the order of the area Magistrate that no recovery whatsoever was needed as the alleged phone call was made using landline”, said the petitioner.
Gill’s counsel argued that the superior courts have held that no remand can be granted to the police on flimsy and vague grounds and the reasons mentioned by the police for grant of remand were nothing but immaterial.
He mentioned that as per the record of the case and the grounds agitated by the police it is floating on the surface that the investigation has been completed and the need for physical remand is a futile exercise.
He maintained that it is a sacred duty of a court while granting remand to satisfy himself and liberty of a person cannot be curtailed merely on the request of the police and wishes of the prosecution.
The lawyer further said that the FIR is a result of mala fide adding padding of the respondents who have registered a FIR to show their loyalty to the incumbent high-ups.
“A bare perusal of the FIR, itself reveals that no offence under the above-mentioned allegation is made out against the petitioner. The contents of FIR are concocted, false and frivolous”, said the petitioner’s lawyer.
He contended that the registration of FIR is patently illegal and politically motivated and it has been registered on ill will and on unlawful pressure to satisfy the malicious political agenda by the incumbent government.
Therefore, he prayed that the impugned order dated 17-08-2022 passed by learned ASJ Islamabad East, whereby, the physical remand of the petitioner has been granted to the police may kindly be set aside being illegal, unlawful, void ab intio, and coram non judice.
Copyright Business Recorder, 2022
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