IHC disposes of Elahi detention case

ATC defers hearing on PTI leader's post arrest bail application till September 15

Parvez Elahi. PHOTO: FILE

ISLAMABAD:

The Islamabad High Court (IHC) has disposed of a petition filed by PTI Central President Parvez Elahi against his detention under Section 3 of the Maintenance of Public Order (MPO) Ordinance after withdrawal of the detention order.

On Tuesday, the IHC resumed hearing Ellahi’s petition with Justice Tariq Mehmood Jahangiri presiding over the proceedings. Appearing before the bench, Islamabad Deputy Commissioner Irfan Nawaz Memon said in view of the court’s September 6 order, he had withdrawn the detention order.

The court later disposed of the case.

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

This 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.

Also read Elahi's wife moves SC for early hearing of bail plea

The former Punjab chief minister had later moved the IHC against the detention order and Justice Jahangiri on September 6 suspended the order.

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.

The IHC order had, however, not resulted in Elahi’s release as Islamabad police had soon rearrested the PTI leader from Police Lines Islamabad on terrorism charges.

Islamabad Anti-terrorism Court-1 (ATC) had later remanded the septuagenarian politician in police custody for two days and then in judicial custody for 14 days.

On Tuesday, the ATC heard Elahi's post arrest bail application.

As the Islamabad Police had not submitted its record in the court, the presiding judge, Abual Hasnat Muhammad Zulqarnain adjourned the hearing till September 15.

Read No end in sight to Elahi’s misery

The Islamabad Police had arrested Elahi on the basis of a first information report (FIR) registered on March 18 after alleged PTI supporters resorted to acts of vandalism at the Islamabad Judicial Complex during a court hearing of the party chairman, Imran Khan.

Interestingly, the original FIR had not nominated Elahi as an accused.  However, the remand application submitted by the police on September 7 stated that the former chief minister was named in the complainant's final statement in the case.

The police claimed that on March 18, the accused provided the PTI chairman with vehicles and armed men, thereby directly and indirectly aiding the other accused.

They argued that the police wanted to interrogate Elahi to take possession of the vehicles used in the incident, find out the means used for the transfer of funds, and identify some unknown culprits.

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