Islamabad High Court Chief Justice Athar Minallah questioned on Friday why no voices were being raised for Member National Assembly (MNA) Ali Wazir, whose constituency remains unrepresented since his arrest in December 2020.
The IHC CJ’s remarks came during the hearing of a petition pertaining to cases against former National Assembly speaker Asad Qaiser and other Pakistan Tehreek-e-Insaf (PTI) leaders. Their counsel, Faisal Chaudhary, argued that an open-ended first information report (FIR) was filed, that identified those nominated in it as ‘PTI leadership’.
Responding to the PTI leaders’ counsel, the chief justice questioned how cases are registered on political grounds at every police station, urging the parliament and federal government to play its role in bringing this practice to a halt. “Every government does this during its tenure,” Justice Minallah stated.
The court directed to be submitted, in two weeks, the record of all the cases registered against the petitioners at police stations across the country. The IHC CJ added that no MNA can be prevented from attending assembly sessions even if they are in jail.
Touching upon the recently amended NA rules, the chief justice stressed that no parliamentarian can be arrested without the approval of the NA speaker.
It was in this vein that Justice Minallah mentioned the case of incarcerated MNA Ali Wazir.
“Ali Wazir’s case should be resolved as well, as no voices have been raised for him, despite his constituency being unrepresented. This is unacceptable,” he said, inquiring if Wazir could attend the parliamentary sessions following the recently amended rules.
To this the PTI leaders’ counsel responded in the affirmative.
The court further stressed that someone should raise their voice for Wazir as well. “Whoever raises voice becomes a target themselves,” Chaudhry responded.
However, commenting on the amended NA rules, Chaudhry added that under the rules a parliamentarian under arrest will be permitted to attend the assembly session.
Welcoming the change, the chief justice observed that this would ensure no constituency remain unrepresented during the parliamentary sessions. He added that issuing a production order was no longer just a choice for the speaker. Justice Minallah expressed the hope that the rule will be implemented “in its full spirit”.
A day earlier, the National Assembly amended its rules to make prior permission of the assembly speaker mandatory for arresting any member of the house, and the issuance of production order for an arrested lawmaker.
Moreover, no member would be arrested from the NA premises.Through another amendment to the rules, the house made it mandatory that during the session, the residence of the arrested member, or the parliament lodges, be declared as sub-jail where the arrested member can reside.
The Pashtun Tahaffuz Movement (PTM) leader was arrested in Peshawar on December 16, 2020 on charges of hate speech against state institutions while addressing a rally in Karachi on December 6 that same year.
He was granted bail in the case this year in May, but remained incarcerated after being booked in another case while in jail
