Court sends Elahi to judicial custody

LHC seeks replies from Rawalpindi Police over Sheikh Rashid's alleged arrest

LAHORE:

A trial court in Punjab's provincial capital on Tuesday rejected an anti-graft watchdog's request to remand PTI Central President Parvez Elahi in its custody for 14 days in connection with its probe into two different corruption cases. The court decided to put the politician into judicial custody.

Simultaneously, a division bench of the Lahore High Court (LHC) dismissed an appeal moved by the National Accountability Bureau (NAB) against an LHC single bench's September 1 order that restricted authorities, including NAB, from arresting Elahi in any case.

Elahi, who has been rearrested or detained every time a court set him free since June this year, was presented in the court of a judicial magistrate in Lahore on Tuesday under increased security measures.

Two days ago, on September 17, a judicial magistrate in Lahore had discharged the PTI leader in a corruption case lodged by Punjab Anti-Corruption Establishment (ACE). However, authorities had rearrested him in a terrorism case minutes after the court order, and the former CM was taken to Islamabad.

Read more: Elahi finds himself behind bars again

Punjab ACE had registered two more cases against the politician—one related to the appointment of a lower cadre officer, Muhammad Khan Bhatti, as his principal secretary during his term as Punjab CM and the other about illegal recruitments in the Punjab Assembly during his term as the legislature's speaker.

On Monday, September 18, the ACE managed to get Elahi's transit remand from Islamabad's Anti-Terrorism Court-1, and the PTI leader was once again brought to Lahore to be presented in the court of Judicial Magistrate Imran Abid on Tuesday, September 19.

The ACE lawyer argued that the illegal recruitment case is a big scandal, and in order to recover the recruitment record as well as the kickback received from various candidates, the ACE needs to interrogate the former CM. It requested the court to remand Elahi in its custody for 14 days.

Rana Intizar Hussain, one of the counsels representing Elahi, pointed out that the LHC had granted protective bail to Elahi in the Punjab Assembly's recruitment case, yet the ACE now seeks his remand in the same matter.

Elahi's legal team questioned the legitimacy of his arrest, citing the LHC's September 1 order restricting authorities from arresting authorities in any case. They contended that over ten first information reports (FIRs) had been registered against the PTI leader just to force him to "hold a press conference."

Also read: Elahi’s wife moves SC for her husband’s release

After the incidents of vandalism on May 9 in the wake of PTI chief Imran Khan's arrest, authorities mounted a crackdown against PTI leaders and workers, with many announcing their departure from the party in hastily called press conferences.

After hearing arguments from both sides, Judicial Magistrate Imran Abid initially reserved the decision. Later, he rejected the ACE's request for physical remand in two cases and instead ordered Elahi to be placed on judicial remand.

Meanwhile, a division bench of the LHC, consisting of Justice Ali Baqar Najafi and Justice Raheel Kamran, heard NAB's appeal against the LHC's September 1 barring authorities from arresting Elahi.

NAB had taken the position in its intra-court appeal that the decision of the single bench was contrary to the facts, and only a division bench has the authority to hear NAB cases. The division bench, however, upheld the decision of the single bench.

Rashid's "abduction"

Meanwhile, the LHC sought replies from the Rawalpindi inspector general of police (IGP), city police officer (CPO), and deputy commissioner over former interior minister Sheikh Rashid's alleged arrest.

Justice Sadaqat Ali Khan of the LHC's Rawalpindi bench took up the plea challenging Rashid's arrest.

The petitioner's counsel informed the bench that Rashid had not been produced before any court despite being detained two days ago. "No case is registered against the politician in the federal capital or in Punjab, and his detention is illegal. It is not an arrest but an abduction," he argued.

The lawyer requested the court to order authorities to present Rashid in a court of law. The court later sought replies from the relevant officials by September 22. It also issued a notice to the assistant advocate general before adjourning.

Rashid, who served as the federal interior minister during the PTI's rule, was at his home in a private housing society on the outskirts of Islamabad on September 17 when purported Rawalpindi Police personnel and some officials in plain clothes raided the place and detained him and three others.

While the police denied arresting the former minister, Rashid's counsel asserted that Rawalpindi's Senior Superintendent of Police (SSP) Operation Faisal Suleman was leading the team that detained the AML chief along with three others.