PBC condemns Elahi's detention, 'manhandling' as he moves IHC

Former Punjab CM moves court to set aside fresh MPO order, declare it 'patently illegal, unlawful'

The Pakistan Bar Council strongly condemned on Saturday the "manhandling" and "the way" former Punjab chief minister Chaudhry Parvez Elahi was detained by the Islamabad Police despite Lahore High Court (LHC) orders restraining authorities against the same.

Elahi, a prominent political figure and central president of the beleagured Pakistan Tehreek-e-Insaf (PTI), was detained yesterday (Friday) under Section-3 of the Maintenance of Public Order (MPO) by the federal capital police in Lahore.

The detention came almost immediately after his release following an order from LHC, which had directed the Punjab police, National Accountability Bureau (NAB), and other law enforcement agencies not to arrest him under any circumstances.

Elahi was taken into custody from Canal Road at the behest of Islamabad District Magistrate Irfan Nawaz Memon.

Read Elahi says he stands firm with Imran, differs on army narrative

Earlier today (Saturday), Elahi approached the Islamabad High Court (IHC) against his rearrest under yet another MPO.

The petition, filed through his counsel Sardar Abdul Raziq Khan, moved the court to declare the detention "patently illegal, unlawful and without lawful authority" and issue directives for his release while setting aside the MPO.

Lawyers react

In a strongly-worded statement issued today, PBC Executive Committee Chairperson Hassan Raza Pasha and Vice Chairperson Haroonur Rashid condemned the detention.

پولیس نے لاہور ہائیکورٹ کے حکم کی دھجیاں اُڑا دی pic.twitter.com/NYcv4G4oh4

— Moonis Elahi (@MoonisElahi6) September 1, 2023

They expressed concerns that the Islamabad Police's actions raise questions about the "rule of law and power dynamics in Pakistan's political landscape".

Everyone must obey and implement orders passed by any court of the country, to "uphold the image of the court and for supremacy of the Constitution and rule of law," read the statement.

The PBC was of the view that "courts should also take care while deciding on political matters" and "whether orders passed therein could be implemented or not".

The statement asserted that the PBC executive committee's views reiterate the stance of the legal fraternity and that the lawyers' body has "always strived for the supremacy of the constitution and rule of law in the country".

Elahi has been arrested multiple times since the May 9 riots. The aforementioned orders issued by LHC earlier this week were in response to the National Accountability Bureau's (NAB) latest detention of the former CM despite earlier court directives restraining federal authorities and law enforcement agencies from arresting him in any pending or undisclosed cases.