Arrests after Sept 8 protests: IHC voids 8-day physical remand of PTI MNAs

ISLAMABAD: The Islamabad High Court (IHC) void the eight-day physical remand of several Pakistan Tehreek-e-Insaf (PTI) members of the National Assembly, arrested in the aftermath of September 8 protests from the Parliament.

A Division Bench comprising Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz, on Friday, heard the petitions of arrested PTI MNAs. The bench on September 12 had suspended the physical remand.

At least 10 MNAs were arrested and sent on physical remand over their alleged role in violence at the September 8 Sangjani rally — namely, Sher Afzal Marwat, Malik Amir Dogar, Ahmed Chattha, Zain Qureshi, Sheikh Waqas Akram, Zubair Khan Wazir, Awais Haider Jakhar, Syed Shah Ahad Ali Shah, Nasim Ali Shah, and Yousuf Khan Khattak.

During the hearing, the chief justice observed that ridiculous allegations were levelled in this case and eight days [physical] remand was allowed. He inquired; “Why was a [physical] remand of eight days granted? It could have been for two days”? He observed that the custody is given but the ultimate custody is of the court.

The chief justice criticised the content of the First Information Report (FIR), describing it as “comedic” and questioning the seriousness of the charges. “This FIR could be a script for a comedy film,” Justice Farooq said.

The prosecutor explained that dangerous speeches were made by PTI leaders during the Sangjani rally. However, the Court criticised the authorities for arresting the members directly from parliament without proper procedures. He said that even a hardened criminal has right to a fair trial.

They reviewed the remand order and expressed concern over the length of the physical custody granted without sufficient reasoning. The chief justice remarked that the remand orders appeared identical and questioned why such an extensive period of custody had been authorised.

The IHC also questioned the handling of the case by law enforcement and suggested there may be further inquiries into the matter.

The prosecutor general earlier opposed the suspension of the remand, arguing that such a decision could send a “negative signal”. Justice Farooq questioned what negative impression could arise from the order. He further observed that if the court issued such an order, the accused would be sent to judicial custody, and the remand order could not be upheld in its current form.

The defence counsel argued that the trial court had extended the remand without providing sufficient reasoning, asserting that lengthy physical remands should be avoided. The prosecutor, however, defended the remand decision by reading out the details of the FIRs filed against the accused.

This development comes as 10 arrested PTI members were recently issued production orders to attend the National Assembly session.

The police on September 10 had stormed the parliament, arresting several prominent PTI leaders, including Sahibzada Hamid Raza, head of Sunni Ittehad Council (SIC).

A day after PTI ventured into a legal minefield to stage its rally in the capital, the government wasted no time on Monday to arrest its leaders for flouting the last-gasp laws hastily enacted ahead of the highly anticipated event – widely seen as a test of embattled party’s political muscle.

Copyright Business Recorder, 2024