AIRLINK 71.69 Decreased By ▼ -2.41 (-3.25%)
BOP 5.00 No Change ▼ 0.00 (0%)
CNERGY 4.39 Increased By ▲ 0.05 (1.15%)
DFML 28.55 Decreased By ▼ -0.99 (-3.35%)
DGKC 82.40 Decreased By ▼ -1.15 (-1.38%)
FCCL 21.95 Decreased By ▼ -0.48 (-2.14%)
FFBL 34.15 Decreased By ▼ -0.75 (-2.15%)
FFL 10.08 Increased By ▲ 0.21 (2.13%)
GGL 10.12 Increased By ▲ 0.12 (1.2%)
HBL 113.00 Increased By ▲ 1.00 (0.89%)
HUBC 140.50 Increased By ▲ 2.81 (2.04%)
HUMNL 8.03 Increased By ▲ 1.05 (15.04%)
KEL 4.38 Decreased By ▼ -0.02 (-0.45%)
KOSM 4.50 Decreased By ▼ -0.09 (-1.96%)
MLCF 38.01 Decreased By ▼ -0.54 (-1.4%)
OGDC 134.69 Decreased By ▼ -1.91 (-1.4%)
PAEL 26.62 Increased By ▲ 1.48 (5.89%)
PIAA 25.40 Decreased By ▼ -1.11 (-4.19%)
PIBTL 6.55 Decreased By ▼ -0.10 (-1.5%)
PPL 121.95 Decreased By ▼ -3.45 (-2.75%)
PRL 27.73 Decreased By ▼ -0.48 (-1.7%)
PTC 13.80 Decreased By ▼ -0.50 (-3.5%)
SEARL 54.89 Increased By ▲ 0.29 (0.53%)
SNGP 69.70 Decreased By ▼ -1.50 (-2.11%)
SSGC 10.40 Decreased By ▼ -0.10 (-0.95%)
TELE 8.50 Decreased By ▼ -0.02 (-0.23%)
TPLP 10.95 Increased By ▲ 0.01 (0.09%)
TRG 60.90 Increased By ▲ 0.20 (0.33%)
UNITY 25.22 Decreased By ▼ -0.11 (-0.43%)
WTL 1.28 Increased By ▲ 0.02 (1.59%)
BR100 7,619 Decreased By -45.8 (-0.6%)
BR30 24,969 Decreased By -56.1 (-0.22%)
KSE100 72,761 Decreased By -3 (-0%)
KSE30 23,625 Decreased By -150.3 (-0.63%)

ISLAMABAD: Chief of Staff of the Chairman Pakistan Tehreek-e-Insaf (PTI) Shahbaz Gill moved the Supreme Court praying to set aside the impugned order of the Islamabad High Court (IHC).

Shahbaz, who is presently detained at Adiala Jail, on Saturday, filed two appeals in the Supreme Court through advocate Salman Safdar under Article 185 of the Constitution, and cited Additional Sessions Judge, East Islamabad, the State, Inspector General of Police Islamabad, SSP (Investigation), Islamabad, SHO Police Station Kohsar, Islamabad, Ghulam Mustafa Chandio, City Magistrate Islamabad (Complainant), as respondents.

He requested the apex court to pass direction for constitution of an independent medical board in order to ascertain the severity of physical torture, quantum of injuries and degrading, inhumane treatment meted out to the petitioner in physical custody. He further prayed that his client be discharged as his “physical custody” is patently unconstitutional on account of breach of his fundamental rights of life, dignity of a person; thus, the same be declared illegal, unlawful.

Salman asked the apex court to declare the IHC’s order dated 22-08-2022 patently illegal, and against the long standing settled principle on law of judicial remand. The petitioner submitted that the decision handed down in writ petition No 3035 dated 22.08.2022 be set aside with full force to avoid custodial violence and miscarriage of justice in future police investigations. The investigation in case FIR No 691/2022 dated 09.08.2022 including collection of evidence after 12.08.2022 be declared illegal and unlawful for the prosecution. He further prayed that the IHC’s order validating the decision of the Revisional Court dated 17.08.2022 be set aside straightaway for being violative of Article 9 and 10-A of the Constitution 1973.

Salman asked the SC that judicial magistrate order dated 12.08.2022 may kindly be declared as lawful and as per the true spirit of guidelines provided under Section 167 CrPC, 1898 and Rule 25.56 of Police Rules, 1934. The very action of initiation of criminal proceedings in the absence of mandatory sanction required in terms of Section 196 Cr PC, 1898 may be declared without jurisdiction and void ab initio. The IHC had not suspended the Additional Sessions Judge order, which revoked “Judicial Remand” of Shahbaz and gave his physical remand to the police.

Copyright Business Recorder, 2022

Comments

Comments are closed.