ISLAMABAD: An anti-terrorism court (ATC) in Islamabad on Tuesday adjourned the hearing on the bail application of former Punjab chief minister Chaudhry Pervaiz Elahi in the judicial complex attack case until September 15.
ATC judge Abual Hasnat Muhammad Zulqarnain heard the bail petition. However, police failed to present the case’s record even today.
The court directed the police to submit the record on the next hearing.
During the proceedings, Pervaiz Elahi’s lawyer argued for the case to be fixed for September 14 but the judge fixed the hearing for September 15, citing a busy schedule.
Four days ago, on September 8, 2023 (Friday), an ATC in Islamabad had sent former Punjab chief minister and PTI President Chaudhry Pervaiz Elahi to Adiala Jail on 14-day judicial remand.
Earlier, the PTI president was produced before ATC judge Abul Hasnat Zulqarnain after completion of his two-day physical remand.
During the hearing, the police sought another 10-day physical remand of Elahi, which was turned down by the judge.
The PTI leader had been arrested hours after his release from the NAB custody on September 1 on the Lahore High Court (LHC) order. The high court had restricted the authorities from arresting him.
As per the FIR registered against Pervaiz Elahi at CTD police station on September 3, the former CM had sent rioters to Islamabad to vandalise the Judicial Complex besides providing vehicles and batons for the same.
Islamabad DC withdraws MPO detention order
Meanwhile, the Islamabad Deputy Commissioner (DC) withdrew the Maintenance of Public Order (MPO) order issued against PTI President Ch Pervaiz Elahi.
The DC informed Justice Tariq Mahmood Jahangiri of the Islamabad High Court on Tuesday that the MPO order issued against former Punjab chief minister Elahi had been withdrawn. Following the DC’s assurance, the court disposed of the petition filed by Pervaiz Elahi.
The development comes a day after the Lahore High Court (LHC) issued a bailable arrest warrant for Islamabad Inspector General of Police (IGP) Dr Akbar Nisar Khan over his failure to appear before the court in a contempt case related to Elahi’s arrest.
On September 1, hours after the LHC had ordered his release in a graft case, the PTI leader had been rearrested by the Islamabad police under the MPO.
Having approached the IHC, the court had suspended Elahi’s MPO detention and ordered his release but hours later, he was again re-arrested in a terror case.
The former Punjab chief minister is currently on a judicial remand in that case, which will be completed on September 22.
Today, Justice Tariq Mehmood Jahangiri presided over the hearing of Elahi’s petition against his MPO detention while Islamabad DC Irfan Nawaz Memon appeared before the court.
Both DC Memon and Elahi had been ordered at the previous hearing to appear before the court today. However, Elahi could not appear before the court as he is currently incarcerated at Adiala Jail in the terror case.
At the outset of the hearing, DC Memon informed the court that the detention order against Elahi had been withdrawn, at which the IHC disposed of the PTI leader’s petition.
The IHC then directed the DC to inform the court about the FIR on the basis of which Elahi was currently in custody.
During the previous hearing, Justice Jahangiri had noted that Elahi had been detained for more than three months.
In the order, the judge had said that it had been established that the detention order had been passed without any lawful authority and was prima facie in violation of the directives issued by the LHC.
It said that the order was suspended and Elahi was ordered to be released “forthwith” if he was not required in any other case.
“The petitioner is directed to ensure that after being released from jail, he will not participate in any unlawful activity nor contribute to any activity harmful for public safety and tranquillity in society,” the order had said.
On September 1, he was rearrested by the Islamabad police hours after the LHC had ordered his release in the graft case.
On September 5, the PTI president was again re-arrested — this time in a terror case — hours after the IHC had suspended his detention orders. He was then sent to jail on a 14-day judicial remand.
Kaisara Elahi moves SC
On the other hand, Pervaiz Elahi’s wife filed a plea on behalf of former Punjab chief minister Parvez Elahi in the Supreme Court on Tuesday urging for an early hearing of his bail petition.
Pervaiz Elahi’s wife, Kaisara Elahi, filed the petition in the apex court which urged the court to declare his arrest illegal. The petition further stated that freedom of movement is a fundamental constitutional right and prayed the court to hear the bail petition at the earliest.
Last week, Pervaiz Elahi’s wife filed a petition in the Supreme Court (SC) against the Lahore High Court’s (LHC) decision to dispose of a plea seeking the release of her husband following his rearrest.
In her petition, she made the caretaker Punjab government, Punjab interior secretary and the provincial inspector general of police respondents.
Pervaiz Elahi’s wife prayed to the apex court to annul the LHC’s Sept 6 decision. The LHC had disposed of a plea seeking its order for the production and release of the PTI president after terming it infructuous.
She also pleaded the top court to release her husband, saying that the LHC did not examine the facts related to his arrest.
The plea also sought the SC’s restraining orders against his possible rearrest in any undisclosed case registered against him.
She stated that her husband was 77 years old and had fought for the betterment of the country throughout his life.
