Justice Mazhar notes Gill case is of incitement.

ISLAMABAD   -   The Supreme Court of Pakistan Fri­day issued notice to the federal gov­ernment and the investigation of­ficer in the torture case of Pakistan Tehrik-e-Insaf (PTI)) leader Shah­baz Gill. A three-member bench of the apex court headed by Justice Ijaz ul Ahsan conducted hearing of Shah­baz Gill petition against remanding him to physical custody in the sedi­tion case and directed the Investiga­tion Officer (IO) to appear in person with the record.

During the hearing, Justice Maza­har Naqvi questioned that on what basis Gill’s physical remand was giv­en by the trial court. He said that whether the police had to recov­er Shahbaz Gill tongue with that he gave beeper. He said that whatever the recovery was made from Gill not relevant to this case. 

He said that Gill would have to ap­proach the relevant forum against his torture and who had stopped the petitioner from filing the petition before the relevant forum.

Justice Mandokhail questioned that whether during the PTI govern­ment police had not tortured any­one? Gill’s counsel replied that a few cases of police torture were report­ed in that tenure, and his client’s re­mand was conflicting in the history.

Justice Mazahar noted that the judge in his order mentioned that there were torture marks on Gill’s body. He questioned that wheth­er the judge will appear before the court as a witness. He further asked that why the accused is presented before the magistrate after 14 days.

Salman Safdar argued that the ac­cused is presented for trial.

Justice Mazahar observed that the magistrate is bound to protect the rights of the accused. He then asked whether Criminal Procedure Code is applicable to the Supreme Court. 

Gill’s lawyer replied that it applies to the apex court as well. He said that the trial court in this case ex­ceed from its lawful jurisdiction. He said that due to Gill’s speech on the TV channels 11 charges were lev­elled against him.

Justice Mazahar said that Gill gave an interview to the channel instead of speech. He told the lawyer that he has not prepared his case, as he did not know the reason and process of physical remand.

Salman Safdar said that strate­gic media cell is behind Gill’s sedi­tion case. Justice Mazahar said as per media the case was registered against Gill due to a beeper which he had given to a private TV channel.

Justice Mandokhail questioned that whether the Sessions Court has no power to give remand? He further inquired that how the apex court in­terfere in the IO’s duty.

Justice Mazhar noted that the case against Shahbaz Gill is of incitement. He said that in revision jurisdiction the high court can examine the legal­ity of the magistrate order.

Gill had challenged the Islamabad High Court’s (IHC) order endorsing his two-day custody to the police de­spite allegations of torture.