Elahi's arrest: Contempt plea against police high-ups disposed of

Plea filed by Elahi's spouse sought legal action against DIGs of Operations and Investigations of Punjab Police

LAHORE:

The Lahore High Court (LHC) on Tuesday disposed of a plea filed by Qaisara Elahi, wife of Pakistan Tehreek-e-Insaf (PTI) leader Chaudhry Pervez Elahi, seeking contempt proceedings against Punjab police DIGs of Investigations and Operations.

The plea alleged their non-compliance with a court order restraining authorities from arresting and detaining the former Punjab chief minister under any law related to preventive detention.

The court, noting the unconditional apology tendered by the respondents, observed that forgiveness and pardon, integral to Islam's justice system, played a crucial role. Justice Sultan Tanvir Ahmad, who presided over the proceedings, emphasised that contempt power is extraordinary and must be exercised with great circumspection.

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"In view of the unqualified apology tendered by the respondents as well as remorse shown and their specific undertaking to be extremely careful in the future, I see no reason to proceed further with this criminal original. The matter is accordingly disposed of," Justice Sultan mentioned in his order.

Respondents, rather than challenging the petition's merits, had offered an unconditional apology, placing themselves at the court's mercy. Their counsels argued that they believed the court's order pertained to agencies operating within the province of Punjab.

The petitioner alleged willful disobedience by the respondents, arguing that their actions deliberately contravened the LHC's order. The court observed that willful disobedience required an examination of the chain of events and circumstances surrounding the conduct.

Read More: SC questions maintainability of Elahi's plea

The case stems from an order by Justice Amjad Rafiq directing the NAB authority to release Chaudhry Pervez Elahi and ensuring he would not be arrested or detained under any preventive detention law. The petitioner contended that an undisclosed inquiry initiated on June 9, 2023, fell under the blind or unknown category, and any arrest related to it violated the court's directives.

Chaudhry Pervez Elahi sought the court's direction to declare the new investigation, with a call-up notice issued on August 25, 2023, a violation of the court's order. He further requested the court to instruct all respondents not to arrest him in any unknown criminal case, inquiry, or investigation, providing him with an opportunity to approach relevant courts if needed.