No end in sight to Elahi’s misery

ISLAMABAD/LAHORE:

The ongoing cat-and-mouse game involving PTI President Parvez Elahi and government authorities did not fail to surprise on Tuesday, as Islamabad police rearrested the former Punjab chief minister under terrorism charges soon after the Islamabad High Court (IHC) ordered his release.

The capital’s police had apprehended Elahi on September 1 in Lahore on the order of a judicial magistrate under Section 3 of the Maintenance of Public Order (MPO) Ordinance and later detained him at Punjab Attock Jail, initially for 15 days.

The arrest, which occurred hours after Elahi’s release from the custody of the National Accountability Bureau (NAB), shocked many, as earlier on that day, September 1, the Lahore High Court (LHC) had explicitly prohibited authorities from arresting the PTI leader in any case.

Elahi’s wife later filed two separate petitions in the LHC, which on Monday issued a show cause notice to Islamabad Inspector General of Police (IGP) Dr Akbar Nasir Khan for alleged contempt of court.

The LHC’s single-member bench, comprising Justice Muhammad Amjad Rafiq, also ordered Attock’s district and sessions judge to present PTI President Parvez Elahi in court on Tuesday, September 5.

Read Elahi detained under 3MPO

The septuagenarian politician had also filed a petition in the IHC against his detention order, and a single-member bench led by Justice Tariq Mehmood Jahangiri on Tuesday suspended the order for his detention.

In his 8-page written order, the court stated that it was prima facie established that the order for Elahi’s detention had been passed without any lawful authority, in violation of the LHC order.

“Apparently, the persons/officials who arrested the petitioner have committed contempt of court, for which proper proceedings have been initiated in the Hon’ble LHC, and notices have been issued to the Inspector General of Police, ICT, Islamabad, and other delinquents,” it said.

The court ordered the authorities to release Parvez Elahi “forthwith, if not required in any other case.” However, it also ordered the PTI leader not to participate in any unlawful activity or contribute to any activity harmful to public safety and tranquility in society.

“The Deputy Commissioner, ICT [Islamabad Capital Territory], and the petitioner [Parvez Elahi] shall appear in person on the next date of hearing,” the order said.

However, as soon as the IHC suspended the detention order, the capital’s police rearrested the former Punjab chief minister in a separate case registered in March 2023 for alleged rioting by PTI workers and leaders at Islamabad’s Judicial Complex.

Authorities had taken Elahi from Attock jail to the Pakistan Institute of Medical Sciences (PIMS) in Islamabad for a checkup on Monday. Interestingly, he was shifted to Islamabad Police Lines instead of Attock jail and was rearrested from there on Tuesday afternoon.

On its X account, Islamabad Police first announced that Parvez Elahi “was sent on the order of the court.” This brief message was immediately followed by another tweet which said, “Parvez Elahi was arrested by Police Station CTD [Counter Terrorism Department] in Case No. 3/23.”

According to the police spokesperson, Ramna Police Station registered the FIR against people who had resorted to vandalism at Islamabad Judicial Complex on March 18, 2023, during a court appearance of PTI chief Imran Khan. Interestingly, the FIR does not mention Elahi’s name.

When counsels for the PTI leaders, Sardar Abdul Razzaq and Sardar Shahbaz, arrived at the police lines with the IHC’s order, they were initially stopped by security personnel at the central gate.

The lawyers were later allowed to enter the policemen’s neighborhood, which was declared a sub-jail for Elahi. They showed the IHC order to the relevant officials who issued instructions for his release.

However, Elahi and his lawyers were stopped after they had crossed the main gate of the police lines, and security personnel surrounded the vehicle, which belonged to Sardar Abdul Razzaq.

The lawyer later informed the media that officials forced other people out of the car and then drove the former CM away in it, which, he said, was still in the police's possession.

LHC orders police to present Elahi today

Meanwhile, the LHC has directed the Islamabad IGP and chief commissioner to present Parvez Elahi before the court today, Wednesday.

The LHC once again took up Qaisara Elahi’s petitions against the illegal arrest of her husband on Tuesday. On Monday, an LHC single-member bench led by Justice Muhammad Amjad Rafiq ordered Attock district and sessions judge to appear in court along with Elahi.

Interestingly, a new bench comprising Justice Mirza Viqas Rauf resumed hearing the petitions due to a change in the court roster that was issued on August 30 but announced late on Monday night.

Read More Ali Wazir remanded into police custody

The judge, however, issued show cause notices to Attock jail superintendent, Rawalpindi city police officer (CPO), and Attock district police officer (DPO) in terms of Article 204 of the Constitution, read with Sections 3 & 5 of the Contempt of Court Ordinance 2003, for alleged contempt of court.

As proceedings commenced, the law officer read the previous court's order. Additional Advocate General Ghulam Sarwar Nihung admitted that the LHC's single bench had barred authorities from arresting Elahi in any case but noted that Islamabad Police and not Punjab Police had arrested him.

When asked about Elahi's whereabouts, Nihung replied that he was moved to PIMS due to his ill health on Monday and then was shifted to the Islamabad Police Lines.

Attock District and Sessions Judge Asad Ali also appeared in court. He told the LHC that Elahi, before reaching Attock jail, was shifted to Islamabad in pursuance of a notification issued by Islamabad chief commissioner on September 4, 2023, and that he was currently detained at Islamabad Police Lines.

Read Also Judge hearing cypher case goes on leave

Summoning the federal government’s representative from the attorney general's office, the judge adjourned the hearing until 11 am. As the proceedings resumed, the petitioner’s counsel Tahir Nasrullah Warraich argued that Elahi should have been produced in the LHC.

The law officer requested the court to hear him out, but Justice Rauf stated that he wanted compliance with the LHC’s earlier order. “I am not passing any new orders," he said, while directing IGP Islamabad and the chief commissioner to present Elahi in court on September 6, today.