The Islamabad High Court (IHC) on Monday rejected an appeal against physical remand of PTI leader Shahbaz Gill and also instructed the government to appoint an inquiry officer on the allegations of torture on the accused.
The court, in its verdict, said it could not interfere into the matter of physical remand of the accused. An SP (superintendent of police) ranked officer would supervise physical remand of the accused, who would ensure that no violence would be used against him (Gill) during the police custody, it added.
The court instructed the government and the secretary interior to appoint a retired judge of the high court an inquiry officer to probe the matter of torture on the accused.
Acting Chief Justice Aamer Farooq announced the verdict which was earlier reserved after listening arguments from two sides in the case against the accused’s remand in a sedition case registered by the Kohsar Police Station and matter of torture during the police custody.
Advocate General Islamabad Jahangir Jadoon, Inspector General of Police (IGP) Dr. Akber Nasir Khan and Central Jail Adiala administration also appeared before the court.
At the outset of hearing, Advocate General Jadoon requested the court to take notice of a threatening statement of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against the woman additional sessions judge.
Shahbaz Gill’s counsel Shoaib Shaheen informed the court that a case had already been registered against Imran Khan due to the said statement under the Anti-Terrorism Act and the law would take its own course.
Justice Farooq remarked that Imran Khan’s statement had no connection with the instant case.
The investigation officer told the court that accused Shahbaz Gill had given a controversial statement on a news channel through a landline number from the residence of PTI chairman in Banigala.
He claimed that the accused had read the transcript of statement from his mobile phone, and the police had to recover the said phone. The police also wanted to have polygraph test of the accused.
Special prosecutor Rizwan Abbasi adopted the stance that the police diaries could not be shared with the defence lawyers, and only the court could go through them. The defence lawyers could damage the evidence if they were given access to the diaries, he added.
Rizwan Abbasi said 90 per cent of the investigation was yet to be conducted.
Addressing Gill’s lawyer, the court said it was not the sole case of remand as it would have to hear a number of such cases in future. The court would have to ensure that no such precedent was set that might freeze the judicial system.
Gill’s counsel Suleman Safdar claimed that his client had been tortured. Torturing accused (during investigation) was a routine matter in the country, and the court should take notice on it, he pleaded.
The lawyer also read out the contents of medical report of Shahbaz Gill. He claimed that the medical board had stated that there were some signs on the body of his client. He urged the court to summon the doctors and ask them in that regard.
He questioned why the police required more physical remand of his client as his mobile phone was already in their possession. First time in the country’s history any accused was given to the police custody again after being sent to jail on judicial remand, he said and prayed the court to set aside the decision of judicial magistrate for a two-day more physical remand of Shahbaz Gill.
After listening arguments, the court reserved its judgment in the case, which it announced later.
