LHC turns down request to detach division bench member in Saad Rizvi case

Lahore High Court (LHC) Chief justice Muhammad Ameer Bhatti on Thursday turned down the request of the Punjab advocate general to detach Justice Tariq Saleem Sheikh from the division bench hearing the matter of alleged illegal detention of Tehreek-e-Labbaik Pakistan (TLP) leader Saad Rizvi.

As proceedings commenced, the Punjab Advocate General Ahmad Awais prayed the court that the bench was constituted late at night and they were informed late about the proceedings, hence the court is requested to award some time to fully prepare the case.

The province’s top judge remarked that he also took notice of why the case file reached late.

Meanwhile, Punjab Advocate General Awais requested CJ Bhatti to detach Justice Tariq Saleem Sheikh from the bench as he is the author of the judgment which the Supreme Court's Lahore Registry set aside had remanded the matter back to LHC.

At which the chief justice remarked that the honourable SC did not dismiss the matter on merit and added that the top court raised some points which the division bench had to see.

The second member of this bench should remain the member of the bench, CJ Bhatti observed.

The petitioner’s counsel, Mian Pervaz Hussain, argued that neither the review board extended the detention nor the apex court and questioned why his client had been kept in 'illegal detention'.

He contended that the review board set aside the notification of the government following which Saad Rizvi was kept in detention.

“The extension in detention could only be made by the review board but in this case, it was not done,” he argued. “The duration of detention had lapsed but even then the government is not ready to release him.”

At this, the LHC chief justice observed that if the stance was of the time of alleged detention has lapsed then the counsel should file a new petition.

The counsel responded that they are thinking about it and would decide by the next date.

However, CJ Bhatti adjourned proceedings till November 3 for preparation on the maintainability of the petition.

It is pertinent to mention that the provincial government had kept Saad Rizvi in detention to avoid any untoward incidents, uncertainty and law and order situation in the society as the TLP head had planned countrywide protests incase the government did not agree to all of his party's demands.