Capital’s IG gets show cause over Elahi’s arrest

LHC also orders presenting Elahi in court before delisting of case on Monday night


Rana Yasif September 04, 2023
Former Chief Minister and Pakistan Tehreek-e-Insaf (PTI) President Chaudhry Pervez Elahi is accused of making illegal appointments in the Punjab Assembly during his tenure, according to the provincial anti-corruption body ACE.—File photo

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LAHORE:

The Lahore High Court (LHC) on Monday ordered Attock’s district and sessions judge to present PTI President Parvez Elahi in the court today (Tuesday) while issuing show cause notice to Islamabad Inspector General of Police (IGP) Dr Akbar Nasir Khan for alleged contempt of court.

An LHC single-member bench comprising Justice Muhammad Amjad Rafiq also ordered Punjab IGP Dr Usman Anwar to submit a comprehensive report by Friday about alleged role of the Punjab police in re-arresting Punjab former chief minister in violation of the court order.

Justice Rafiq issued these orders while hearing two separate petitions filed by Elahi’s wife, Qaisara, after the Islamabad Police on September 1 arrested the PTI leader hours after his release on the order of the LHC under the Maintenance of Public Order (MPO) Ordinance.

However, interestingly, the high court delisted the case later in the day.

According to the new roster which was actually issued on August 30, Justice Rafiq will hear cases at the LHC Multan Registry from September 5 till October 28, meaning that Elahi cannot be presented in the court of Justice Rafiq today.

Elahi’s arrest was universally condemned as the LHC had issued explicit directives for the Punjab police, the National Accountability Bureau (NAB), and other law enforcement agencies not to arrest the former CM under any circumstances.

In one of the petitions, Qaisara had sought contempt proceedings against Punjab deputy inspectors general (DIGs) investigations and operations over allegedly disobeying LHC’s order.

In second habeas petition, she had sought direction to DIG Investigations to present the septuagenarian politician before the court and set him at liberty “if it is revealed that he had been kept in unlawful custody”.

On these two petitions, the proceedings were held in four rounds.

Taking up the plea for Elahi’s production in the court, Justice Rafiq summoned Punjab IGP Dr Usman Anwar and Lahore Capital City Police Office (CCPO) Bilal Siddique Kamyana in person by 11am.
However, the government lawyer sought time till 2pm.

“If the IGP fails to appear, the court will issue an order,” the judge noted.

IGP Anwar appeared in court along with Punjab Advocate General (AG) Khalid Ishaq by 2pm.
Addressing them, Justice said: “The purpose for summoning you is to bring facts to light.”

The Punjab IGP said he was not responsible for the actions of Islamabad police. “I am only responsible for any contempt committed by my team.”

He told the court he would launch an investigation into the matter. “I will get this matter fully investigated,” the Punjab IGP said, seeking more time from the court to submit a reply.

Upon the court inquiring about Elahi’s whereabouts, the official expressed ignorance. Similarly, AG Ishaq also said he had no information about Elahi’s location.

 The Punjab IGP said the Islamabad police could share information about Elahi at present. The judge, however, noted that Elahi was detained at Attock jail.

Elahi’s lawyer, Latif Khosa, contested the Punjab IGP’s statement, saying it was “based on lies”. But, the IGP maintained that Punjab police were unaware of Elahi’s whereabouts.

Later the court issued a notice to the Islamabad IGP, seeking an explanation from him on why contempt proceedings should not be initiated against him. The LHC also directed the relevant district and sessions court judge to appear before it along with Elahi on Tuesday (today).

Meanwhile, Elahi’s son Moonis said the PTI president was taken to the Pakistan Institute of Medical Sciences from Attock Jail and discharged at 1pm. “He was sent back to Attock jail. The drive is not more than one hour. It has been 3.5 hours now and he isn’t back,” Moonis posted on X.

Separately, the Islamabad High Court (IHC) also ordered its registrar to list for hearing a petition filed against detention of Elahi under the MPO after it removed the objections raised to the petition. IHC Justice Tariq Mehmood Jahangiri heard the petition filed on behalf of the PTI leader.

In a statement issued on Monday, the Supreme Court Bar Association (SCBA) also expressed its deep reservations regarding the continuous and unlawful arrests of former Punjab chief minister Parvez Elahi.

The continuous practice of repeated arrests is not only a gross misuse of powers but also a clear violation of the principles of justice, disobedience of courts, and infringement of fundamental rights enshrined in the Constitution, it noted.

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