LHC seeks arguments on plea challenging Elahi’s arrest

The Lahore High Court (LHC) on Thursday sought arguments from parties on whether a single bench could hear PTI President Parvez Elahi's plea seeking execution of LHC's order that restrained law-enforcement authorities from arresting him.

Taking up the former Punjab chief minister's plea, Justice Mirza Viqas Rauf issued directives for the National Accountability Bureau's (NAB) reply to be handed over to the petitioner's counsel.

Justice Rauf sought arguments from both sides at the next hearing on October 4.

Elahi had filed the petition through his counsel Advocate Amir Saeed Rawn.

The Punjab chief secretary, provincial Anti-Corruption Authority (ACE) director general, Federal Investigation Agency (FIA) chief, Punjab IGP, Lahore CCPO, DIG operations and prisons superintendent for Lahore Camp Jail have been named as respondents.

The petition contended that LHC’s Justice Muhammad Amjad Rafiq had restrained NAB and all other authorities from detaining or arresting Elahi under any law relating to preventive detention but the Islamabad police arrested him shortly after his release.

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The petition added that the law-enforcement authorities were barred from arresting Elahi in any blind, undisclosed or pending inquiries.

It specified that the professed inquiry initiated on June 9, 2023, was never disclosed by the Punjab IGP, when the LHC sought information on all criminal cases and inquiries pending against the PTI president.

Hence, the arrest under this inquiry stands in violation of court orders dated July 13, 2023, as it can be categorised as blind or undisclosed, argued the petition.

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It further noted that the single bench, comprising Justice Rafiq, had directed the respondents to provide the petitioner a statement of allegations and an opportunity for a hearing, which was not done in the case of this inquiry.

The petition argued that the court had made this a requirement for any pending inquiry to be considered complete and as this process was not followed, this inquiry could not be considered complete

It further maintained that Elahi was not even informed of this inquiry till his arrest when it was stated to have proceeded to the investigation stage.

The petition requested the court to issue directives for the LHC's July 13, 2023, order to be complied with.

It further prayed to the court to declare the process of terming this inquiry as an investigation, the arrest warrant issued under it on August 11, 2023, and the detention of Elahi of August 14, 2023, all in violation of court orders and therefore "unlawful, void and of no legal effect".

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Moreover, the petition prayed to the court to declare another investigation for which a call-up notice was issued on August 25, 2023, as violative of the court orders besides restraining the Punjab IGP from arresting the petitioner in connection with this probe.

Lastly, the petitioner moved the court for his release.

Elahi had been arrested and rearrested at least 12 times since May 9 protests and was implicated in several cases, many of which emerged only after the courts ordered his release.

On September 17, a judicial magistrate in Lahore had discharged the PTI president from a corruption case lodged by Punjab ACE. However, he was almost immediately rearrested in a terrorism case and taken to Islamabad.