IHC orders local court to decide on Gill's physical remand today

Declares AGI's plea challenging dismissal by sessions court as maintainable; asks latter to hear matter again

ISLAMABAD:

The Islamabad High Court (IHC) ordered the judicial magistrate to hear the prosecution's physical remand appeal, of Pakistan Tehreek-e-Insaf (PTI) leader Shahbaz Gill, again and decide on the matter today.

During today's hearing, IHC Acting Chief Justice Amir Farooq declared the Advocate General Islamabad Jahangir Jadoon's review appeal maintainable, asking the judicila magistrate to hear the matter again and decide it on merit.

The IHC had earlier in the day reserved its decision on the AGI's plea. It later accepted the AGI's request, who had argued that the PTI leader's physical remand was needed to collect additional evidence, such as his phone and names of those who were behind the offense.

As per the IHC's decision, the application against Judicial Magistrate Umar Shabbir is maintainable and the sessions judge will hear the application and decide on its merits.

Read Court rejects police plea for extension in Gill’s remand

The IHC further said that Gill’s bail plea should also be heard. It also ordered that the parties appear before the sessions judge and give arguments.

Moreover, it added that the advocate general’s application should be treated as pending in the court of sessions.

Earlier, the advocate general Islamabad appeared before Justice Farooq, while advocates Faisal Chaudhry and Shoaib Shaheen were also present in the court on behalf of Gill.

The court directed the lawyers to stick to legal arguments instead of political opinions. While addressing Gill’s lawyers, the court said that, "Your plea seeking the PTI leader's bail is also pending in the court along with this remand issue," adding that there was no question of the FIR being suspended.

The court asked to first provide valid arguments on the remand and admissibility of the application.

Advocate Shoaib Shaheen pleaded that the application to dismiss the FIR should be heard first, to which the court responded that the review application related to the remand will be the first order of business.

Plea seeking quashment

Separately, a hearing was held on Shahbaz Gill's plea seeking quashment of the sedition case registered against him, where his lawyers Chaudhry and Shaheen appeared before the acting chief justice.

Advocate Shaheen told the court that the approval of the provisions he imposed were supposed to be taken from the government but has still not been taken.

On this occasion, Gill’s statement was also presented to the court, to this the lawyer said that only a specific part of the statement has been taken, with context missing.

According to the lawyer, the party could have easily filed a case, just like a case was registered against lawyer Imaan Mazari, adding that the current federal ministers have given even harsher statements.

Furthermore, a notice was issued to the IG, SSP, SHO of Kohsar Police Station and the magistrate on the request to dismiss Gill’s case, directing them to submit a response by next week, adjourning the hearing till then.

Last week, the prosecution had approached the IHC seeking physical custody of the PTI leader after the judicial magistrate rejected its request, and sent the PTI leader on a judicial remand instead.

The prosecution mainatined in its plea that the “police has yet to recover the mobile phone of the accused containing necessary information/date to corroborate the contents of FIR as a piece of evidence.”

Read more Dismissal of Gill's physical remand plea challenged in IHC

The personal mobile phone and laptop of the accused were used in the occurrence as the written transcript of Gill’s statement, given to a TV channel, was sent to him on WhatsApp by someone, it was stated.

Moreover, the prosecution maintained that the PTI leader needed to be handed over to the investigation officer since the names of others allegedly involved in the case were also needed.

It was argued that the judicial magistrate “did not determine the gravity of the offense and rejected the police request for physical custody and sent the nominated accused in FIR to judicial custody without considering the police request of merits.”

Earlier last week, Gill was arrested from Bani Gala Chowk in Islamabad after a video clip of his controversial remarks went viral on social media. He was subsequently booked on charges of inciting mutiny in the military.