Allegations against Zardari: IHC suspends police notice issued to Sheikh Rashid

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday suspended a police notice issued to the head of Awami Muslim League (AML), Sheikh Rashid Ahmed, in a case related to allegations against former president Asif Ali Zardari.

A single bench of Justice Tariq Mehmood Jahangiri heard Rashid’s petition through his counsel, Naeem Haider Panjutha and Intazar Hussain Panjutha, and requested the court to declare the said notice as null and void as it was issued illegally.

Rashid informed the bench that SHO Police Station Aabpara issued a notice dated 30.01.2023, to him under section 160 CrPC through which he was directed to appear in police station along with all the evidence and information in support of his allegation of hatching conspiracy by Zardari for committing murder of Imran Khan.

The counsel for the petitioner contended that under Section 160 CrPC, it is categorically provided that notice can be issued during the course of investigation and investigation is defined in section 4(l) of CrPC which provides that “investigation” includes all proceedings under the CrPC for the collection of evidence conducted by police officer but in the instant matter no criminal case has been registered even the application filed to the SSP (Operation), Islamabad does not constitute any cognizable offence.

He also contended that hence without registration of criminal case, notice u/s 160 CrPC cannot be issued by the SHO. The counsel further contended that the impugned notice is erroneous, not tenable under the law; has been issued just in order to cause harassment, insult and mental torture to the petitioner who is a political leader and coalition partner of Pakistan Tehreek-e-Insaf (PTI), hence the same is liable to be set aside.

After hearing his arguments, the IHC bench said that the points rose, need consideration. It also directed to issue notice to the respondents while it also directed the Inspector General of Police, Islamabad to depute a senior law knowing officer, well conversant with facts of the case to appear, in person, along with relevant record to assist the Court on the next date of hearing positively.

Meanwhile, the IHC bench ordered that the operation of the impugned notice is suspended till the next date of hearing. It added, “However, restraining order shall cease to exist and expire automatically, if not extended specifically on the next date of hearing.”

After issuing aforementioned directions, the IHC deferred the hearing in this matter till February 6 for further proceedings.

Copyright Business Recorder, 2023