ISLAMABAD: The Islamabad High Court (IHC) has nullified the 8-day physical remand of several Pakistan Tehreek-e-Insaf (PTI) members of the National Assembly, casting doubt on the legality and substance of the cases against them.
The court’s ruling followed a hearing led by Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz, who scrutinized the remand order and questioned the justification for such an extended period of custody.
Chief Justice Farooq expressed concerns about the remand orders, remarking that they seemed identical and questioning the rationale behind authorizing such a lengthy remand. He criticized the content of the First Information Report (FIR), describing it as “comedic” and suggesting it was more fitting for a script than a serious legal document. “This FIR could be a script for a comedy film,” Justice Farooq said.
Prosecutors had alleged that PTI leaders made incendiary speeches during a recent rally, but the court highlighted the importance of a fair trial and criticized the authorities for arresting the members directly from parliament without adhering to proper procedures.
Following arguments from both sides, the IHC overturned the physical remand, citing insufficient evidence to support it. The court also questioned the handling of the case by law enforcement, indicating that further inquiries might be necessary.
Earlier, the IHC had suspended the physical remand of PTI leaders arrested in connection with cases from a recent party rally. The court had adjourned the case until the next day, with a special two-member bench scheduled to hear it at 10 am, despite the usual absence of such a bench on Fridays.
During the hearing, Prosecutor General opposed the suspension of the remand, arguing it could send a “negative signal.” Chief Justice Farooq responded by questioning the potential negative implications of the order and noted that if issued, the accused would be moved to judicial custody, making the remand order unsustainable in its current form.
Defence counsel argued that the trial court had extended the remand without sufficient justification, emphasizing that prolonged physical remands should be avoided. The prosecutor defended the decision by reading details from the FIRs filed against the accused.
This decision follows the arrest of ten PTI members who were issued production orders to attend the National Assembly session. The arrests were part of a crackdown that saw police storm the parliament, detaining several high-profile PTI leaders, including Sahibzada Hamid Raza, head of the Sunni Ittehad Council (SIC), amidst PTI’s controversial rally in the capital.
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