IHC orders inquiry into claims of torture on Gill

The Islamabad High Court (IHC) ordered the federal government and the interior secretary on Monday to appoint a retired high court judge as inquiry officer to investigate the claims of torture on Pakistan Tehreek-e-Insaf (PTI) leader Shahbaz Gill during police custody.

While disposing of the plea against the further physical remand of Gill to the police, Acting IHC Chief Justice Aamir Farooq directed that during the physical remand of Gill, an officer of the rank of senior superintendent of police should supervise and ensure that no violence was inflicted on Gill.

Justice Farooq remarked that the court did not want to set any precedence that tomorrow remand cases choke the high court. However, the judge remarked that the case of Gill was not just about his physical remand.

The investigating officer informed the court that Gill gave the controversial statement on TV from a landline number of the Bani Gala residence of PTI Chairman Imran Khan. He said that Gill read his statement from a mobile phone, which needed to be recovered and conduct polygraphic test.

Islamabad Advocate General Jahangir Jadoon urged the court to take notice of a threatening statement made by Imran Khan against a sessions judge. Shoaib Shaheen Advocate said that a terrorism case had been lodged against Imran and the law would take its own course.

Gill, the chief of staff of PTI Chairman Imran Khan, was arrested on August 9, after registration of a sedition case at the Kohsar police station of the federal capital over his controversial remarks to a private TV channel.

He was produced before the judicial magistrate the next day and on August 12, he was sent to the Adiala jail on judicial remand. The prosecution moved appeal against the rejection of physical remand first in the Islamabad sessions court and then the IHC.

The IHC referred the matter back to the sessions court for a fresh look at the prosecution’s request for remand. After hearing the review plea, additional sessions judge Zeba Chaudhry granted a two-day physical remand of Gill to the Islamabad police.

However, the PTI challenged the physical remand in the IHC. The party also alleged that Gill was brutally tortured, while in police custody. Justice Farooq, who heard the plea on Thursday, sought a report from the inspector general of Islamabad police regarding the allegations of torture.

Gill's lawyer Salman Safdar informed the court on Monday that his client was subjected to a brutal torture. He added that Gill was tortured in his private parts. However, he confirmed the latest videos of a healthy-looking Gill taking rounds on the social media.

Safdar said that police torture during remand was a routine exercise in Pakistan, adding that the effects of torture lasted only five to six days. After 12 days, he continued, even the severe pain is cured. Now Gill’s health was improving, as shown in videos that were leaked on Sunday.

Stressing the need for getting physical remand of Gill, Special Prosecutor Raja Rizwan Abbasi told the court that his normal phone was recovered but the smart phone had yet to be recovered. He added that 90% of the police investigation into the case had yet to be conducted.

He also said that the police might arrest more accused in the case and they would be confronted in the light of Gill’s statement. When the court pointed out that no-one else had yet been arrested, the Islamabad Advocate General responded that more investigation was required for making those arrests.

Also, as per court orders, Islamabad IG Akbar Nasir Khan submitted the preliminary inquiry report, in which the allegations of torture on Gill were dismissed as baseless. The IG said no concrete evidence was found regarding allegations of physical, mental or sexual torture in police custody or in jail.

The report also included the recorded statement of Gill, in which he repeated the allegation of torture and stripping him naked on the day of his arrest. The report stated that there were no torture marks on the body Gill during his medical examination conducted by the jail authorities and PIMS Hospital.

In the light of the evidence available on record, police and jail authorities, PTI members and public statements, video clips, photographs and medical reports, the report concluded that there was no torture on the accused until he was sent to Adiala Jail.