LHC reserves decision on Gill's freedom of movement plea

Gill's vehicle allegedly stopped by police personnel en route to Allama Iqbal Int'l Airport


Rana Yasif April 06, 2023
Dr Shahbaz Gill. PHOTO: APP/FILE

LAHORE:

The Lahore High Court on Thursday reserved its decision on a plea filed by PTI leader Shahbaz Gill seeking direction to concerned quarters for not barring his travel to the United States and restricting them from creating any hindrance in his journey to the airport.

Gill filed the petition through Barrister Muhammad Ahmad Pansota, demanding provision of the details of first information reports (FIRs) registered against him and protective bails in any FIR either lodged, concealed or disclosed before the LHC during the proceedings so that the petitioner may approach the court for pre-arrest bail.

As proceedings commenced, the petitioner’s counsel argued that on April 10, 2022, immediately after the vote of no confidence against former premier Imran Khan, Gill and others were placed on the Provisional National Identification List (PNIL). He continued that when they challenged it before Islamabad High Court (IHC), the petitioner’s name was removed from PNIL, and the writ petition was disposed of.

He contended that after the vote of no confidence the incumbent government started to register criminal cases against the leadership of the PTI, including Gill, to arrest them and to place their names on the Exit Control List (ECL).

Pansota continued that Gill was also victimized and roped in several criminal cases registered across Pakistan.

“The petitioner, against the actions of the respondents and the government, knocked on the doors of the courts whereupon several criminal cases were quashed and, in some cases, either Gill was declared innocent or granted the concession of bail”.

The lawyer stated that Gill later discovered that his name was on the ECL as of October 17, 2022, with the approval of the cabinet.

“This unlawful act and omission of placing the name of the petitioner on the ECL were assailed by the petitioner before LHC wherein a larger bench was constituted,” he said, adding that the larger bench on March 29 had granted Gill one-time permission to travel to the USA.

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Barrister Pansota argued that subsequently, Gill intended to travel to the USA and return to Pakistan on April 3, 2023.

“Being a political leader of the largest political party of the country, the petitioner tweeted for the consumption of the political worker of the party as to his plans of travel. In furtherance of the plans, the petitioner travelled towards Allama Iqbal International Airport on two vehicles one of which was carrying the lawyers of the petitioner. However, one of the vehicles carrying the lawyers was intercepted with as if the petitioner was travelling in that vehicle”.

According to the lawyer, the police officials intervening inquired about Gill in order to arrest him, but the petitioner managed to eschew the “unlawful” intervention of the officials.

Allegedly, the police official informed the lawyers in the vehicle that a fresh case was registered against Gill and he was to be arrested. However, the officials refused to disclose the details of the FIR with mala fide intention.

When Gill reached the airport, a large number of police personnel were present at the premises in an effort to hinder the travel of the petitioner in violation of the order on March 29, passed by LHC.

“The acts and omissions of the Respondents by curtailing the fundamental right of the petitioner to travel despite the order of LHC’s larger bench are illegal, unlawful, void and ultra vires the constitution and violative of the fundamental rights of the petitioner”.

The law officer present at the hearing strongly opposed the arguments of Gill’s counsel and maintained that no fresh FIR had been registered against the petitioner.

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