ISLAMABAD-The Islamabad High Court (IHC) Tuesday declared the arrest of Pakistan Tehreek-e-Insaf (PTI) leaders including Fawad Ch, Shireen Mazari and Senator Falak Naz under Section 3 of the Maintenance of Public Ordinance (MPO) as illegal.
However, another episode of the ongoing unprecedented happenings in the country was witnessed when Fawad reached outside the IHC premises after securing bail from the IHC bench. The PTI leader had just sat in his car and had barely moved when he saw Anti-Terrorist Squad personnel moving towards him.
Seeing the personnel moving towards him, Fawad ran out of his car and entered the premises of the IHC to evade arrest.
Then, he moved a petition to seek protective bail while he also filed another petition seeking contempt of court proceedings against the Islamabad for attempting to arrest him despite the court orders. After hearing the matter again, the IHC bench barred the police from arresting the former minister in any “undisclosed” case. During the hearing, the IHC bench said that the Advocate General had apprised the court of two cases registered against Fawad Chaudhry because of which the IHC had only granted the PTI leader bail in two cases.
Later, the judge approved Fawad’s protective bail for two days and barred the police from arresting the former minister in any case registered against him in Islamabad.
It is interesting that the police attempted to arrest the PTI leader despite the fact that he had submitted an undertaking in the IHC of not violating the section 144 and taking part in protests.
The IHC bench comprising Justice Miangul Hassan Aurangzeb stated in its written order, “For detailed reasons to be recorded, the instant petition is allowed; the order dated 10.05.2023 issued by the District Magistrate, Islamabad Capital Territory under Section 3(1) of the West-Pakistan Maintenance of Public Order Ordinance, 1960 is set-aside; arrest of petitioner No.1 (Chaudry Fawad Hussain) in the early hours of the morning of 11.05.2023 is declared to be unlawful in the presence of the order dated 09.05.2023 passed by this Court; and the respondents are directed to forthwith release petitioner No.1 (who is present in the Court pursuant to the order dated 15.05.2023 passed by this Court) from custody.
It noted, “Petitioner No.1 has already submitted an undertaking to the effect that he will, in no manner, resort to violence or incite any violence, and that he will not join any violent protest and abide by the restrictions placed under the Section 144 Cr.P.C. Order, currently in place in the Islamabad Capital Territory and shall also not take part in any public procession conducted by his political party in violation thereof.”
During the hearing, the Advocate General (AG) Islamabad informed the Court that Fawad is nominated as an accused in (i) FIR No.67 dated 24.01.2023 registered under Sections 124A, 153A, 505, 506, PPC at Police Station Kohsar, Islamabad, (ii) FIR No.728 dated 20.08.2022 registered under Sections 186, 188, 506, 341, 109 PPC and Sections 2 and 3 of Amplifier Act at Police Station Aabpara, Islamabad.
However, the IHC bench said that the order passed by this court on 09.05.2023 restraining the respondents from arresting the petitioner shall continue for two more days only during which period, he may apply for bail before arrest from the relevant court.
During the hearing, Islamabad Advocate General Barrister Jahangir Jadoon said that he wanted to place some facts before the court and adopted the stance that the copy of the court’s order was not given to the IG office and law officers.
He added that the biometric verification of the PTI leader was also not done on the petition. The AG also contended that Fawad had not been arrested in any case. He would have been required to be presented in court if the arrest had been made under a case.
Barrister Jadoon further argued that Fawad through his conduct had to prove whether he is a peaceful citizen or not. He added that the nation incurred losses of billions due to the incidents of May 9. At this, Justice Aurangzeb remarked that the court had not barred the authorities from taking action on those incidents.
Then, Babar Awan Advocate argued that the deputy commissioner must have known about the high court’s order on the arrest by now. He urged the court to extend its order stopping authorities from arresting Fawad and his client be given time to contact the relevant court.
Earlier, the IHC bench also declared the arrest of PTI leaders Shireen Mazari and Senator Falak Naz under Section 3 of the Maintenance of Public Ordinance (MPO) as illegal and issued directions to release them.
In the matter of Mazari, the court said, “For detailed reasons to be recorded later, the instant writ petition is allowed and the detention order dated 11.05.2023 issued by the District Magistrate is set aside for not being compliant with the law laid down inter alia in the judgments reported as PLD 1969 SC 210, 1994 SCMR 1532, PLD 1963 Lahore 109. Consequently, the respondents are directed to forthwith release the petitioner’s mother/ detenue from detention.” The former human rights minister’s daughter Imaan Mazari had approached the IHC for the release of her mother.
During the hearing, the petitioner’s counsel Zainab Janjua informed the court that the district magistrate ordered Mazari’s arrest fearing that she may harm the law and order situation. She added that the former minister was accused of inciting PTI workers.
However, the counsel explained to the court that her client was at home since May 9 and had not even issued any public statement. She added that the former ministers’ location at home can be checked through the CCTV footage and call data record.
After hearing his arguments, the judge asked that tell us what is the age of Shireen Mazari. Janjua told the court that the PTI leader was 72 years old and has medical issues as well.
At this point, the deputy commissioner, who was acting as the district magistrate, appeared in court. However, the DC’s failure to come up with the record irked the court and it ordered the official to appear with the material on which basis the detention order was issued.
The court then took a break. Once the hearing resumed, the high court declared the former human rights minister’s detention illegal. The bench also ordered the release of PTI Senator Falak Naz who was arrested under the same law as Mazari.