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
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