Elahi’s detention order challenged in LHC

Ex-Punjab CM’s wife seeks departmental action against respondents

LAHORE:

The Lahore High Court was requested on Wednesday that former Punjab chief minister Pervaiz Elahi be produced before the court and departmental action be taken against the Lahore District Jail superintendent of prisons.

Qaisara Elahi, the wife of the PTI central president, filed a petition challenging her husband’s detention order.

The caretaker Punjab government through its chief secretary, home secretary, IGP, and FIA through its DG, Islamabad, NAB through its chairman, Islamabad, Anti-Corruption Establishment, Punjab, through its DG, Lahore, IG Prison, Lahore deputy commissioner, CCPO, Model Town Division Lahore SP and superintendent of prisons for District Jail, Lahore were made respondents.

The petitioner contended before the court that her husband was being implicated in forged and politically motivated cases after the caretaker provincial government took over.

She submitted that her husband was being subjected to political victimisation on one pretext or another.
Although the former CM was on bail in all the cases but even then he was not being released, she contended in her petition.

Issuing the detention order showed mala fide of the caretaker set-up, she added.

She implored the court that despite the fact that Elahi had submitted surety bonds after the court recently awarded him bail in a case, the quarters concerned were not ready to release him.

The content of the detention order stated that Elahi might create a law and order situation “so the question arises that how much law and order situation had been created till today with my husband's arrest”.

She implored that her husband was a senior citizen of the country who was deliberately being made subject to political victimisation.

She stated that for the purpose of political victimisation, her husband had been kept deprived of his liberty since June 1, 2023 on the basis of the frivolous cases being registered against him and he was being arrested in those cases one after the other, therefore, feeling aggrieved from the actions of the respondents, she filed a constitutional petition before the LHC for the enforcement of his fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan 1973, which was fixed for hearing on July 13, 2023.

In those proceedings, a report regarding the criminal cases and pending inquiries against her husband was submitted before the court.

The court issued directions to the respondents not to arrest Elahi in the cases or pending inquiries, and also granting the protective/pre-arrest bail to him in FIR No1150/2023 registered at the Ghalib Market police station, Lahore, and FIR No5/2023 lodged at Gujrat police station.

When the legal counsels of her husband went to the District Jail, Lahore for his release on July 15, 2023, they were informed that a detention order had been issued against him, therefore, he would have to remain in prison in accordance with the order passed by the Lahore deputy commissioner under Section 3 of the Punjab Maintenance of Public Order Ordinance 1960.

However, she requested the court to declare illegal and unlawful the impugned detention order issued on July 16, 2023, which was passed by the respondent Lahore DC and the impugned request made on July 13, 2023 by the respondent Lahore CCPO may graciously be declared unlawful, void, against the law, and of no legal effect.

It is prayed that the authorities concerned be directed to take disciplinary action against the respondent superintendent of prisons for District Jail, Lahore.

Meanwhile, Elahi was transferred from District Jail, Lahore to Central Jail Adiala in Rawalpindi.