IHC denies Gandapur’s custody to Bhakar police

Islamabad High Court (IHC) Thursday stopped the transfer of PTI leader Ali Amin Gandapur’s custody to the police of other provinces and instructed the trial court to decide the matter after hearing the accused.

The court remarked that multiple cases can’t be registered against anyone on the same charges.

Justice Arbab Muhammad Tahir heard the case filed by Ali Amin Gandapur challenging his possible transfer to the other provinces in various FIRs.

The court asked the police whether the accused was also arrested in FIR registered by the Bhakar police.

To this, a police official said that he would inform the court after getting information about the matter.

The petitioner’s lawyer Sher Afzal Murwat said that terrorism sections had been removed from the FIR and the matter was now in sessions court. He said that there was a possibility of handing over his client to the Bhakar police after the end of his physical remand. The court stopped the transfer and reserved its judgment while summoning the investigation officer along with the record.

After a recess, the court resumed its hearing wherein the DSP informed the bench that the accused had been sent on judicial remand in FIR registered by the capital police. The Bhakar police were implementing orders of the sessions court regarding his custody, he said.

The court asked why the Bhakar police couldn’t investigate after arriving here, adding that it was also a violation of the top court’s orders. The court said that there was no restrictions on the police of other provinces for conducting an investigation here. The defence lawyer read out the FIR of Bhakar police and said that they should be granted transit bail.

The court remarked that the police were demonstrating haste in the case as there were several other pending cases where they were doing nothing. The court said that it was sending the matter to the sessions court which would decide the custody of the accused after hearing Gandapur’s lawyer.

The case would remain pending with the IHC, the court ruled.

Meanwhile, the IHC on Thursday disposed of the petition of PTI leader Murad Saeed after the capital Police and the FIA submitted their reports regarding cases against him. The Islamabad police informed the court that eight FIRs were registered against the petitioner, while the FIA said no case was pending with it.

Published in The Express Tribune, April 14^th, 2023.