ISLAMABAD – The Islamabad High Court has annulled the eight-day physical remand of PTI Members of the National Assembly, ordered all MNAs to be sent to jail on judicial remand, while labeling the FIR as a “comedy.”
Chief Justice Aamer Farooq and Justice Saman Rifat Imtiaz announced the reserved verdict on petitions challenging the physical remand.
The Prosecutor General of Islamabad appeared before the court, while the Vice Chairman of the Islamabad Bar Council, Adil Aziz Qazi, and Advocate Raja Aleem Abbasi, represented the accused.
As the hearing commenced, Chief Justice Aamer Farooq remarked, “I have seen that all the orders for physical remand are identical. Let the state explain what happened that warranted an eight-day physical remand. This is an unprecedented action, and we need to examine what led to this extended remand.”
The Prosecutor General read out the FIR, prompting interesting remarks from the Chief Justice.
Chief Justice Aamer Farooq commented, “The author of this FIR is quite interesting. Is this Islamabad Police or a character from a comedy, trapped among thugs? Credit must be given for providing such an entertaining piece after a long time. Whoever wrote this FIR has written excellent comedy.”
He further questioned, “A gun was pointed at Shoaib Shaheen? Don’t I know Shoaib Shaheen? They claim Gohar Khan pulled out a gun, but don’t you and I know Gohar Khan? You’ve read the comedy; now what do you intend to recover?”
The Prosecutor General informed the court that a stick was recovered from Shoaib Shaheen, causing the courtroom to burst into laughter, including Chief Justice Aamer Farooq. The Prosecutor General also stated that a pistol was recovered from Sher Afzal Marwat.
“This story is so captivating that a movie could be made from it,” remarked Chief Justice Aamer Farooq.
He further said, “It has been four days, and you’ve done what you wanted. Why was an eight-day remand given? A two-day remand would have sufficed.
Custody may be granted, but ultimately, it is the court that retains custody. In this case, ridiculous allegations have been made, and an eight-day remand was granted.
Even if the allegations were correct, there is a proper procedure for dealing with them. This story is so delightful it could inspire a film.”
Commenting on the arrests made from the Parliament, Chief Justice Aamer Farooq remarked, “The Speaker of the National Assembly is doing his job, but this court can also examine the matter. The dignity of institutions must be preserved. What are you doing? Parliament is the mother of all institutions. Look at the state of the country, and you barged into Parliament to arrest members.”
The Prosecutor General of Islamabad claimed that anti-state speeches were made at the rally.
In response, Chief Justice Aamer Farooq said, “If we accept your argument, then for murder suspects, we’d carry out ‘encounters.’ If we accept your argument, where does fair trial stand? No matter how serious the crime, the accused has the right to a fair trial. This has happened before in this High Court, and now it’s happening in Parliament.”
Justice Saman Rifat Imtiaz questioned, “Was there any inquiry into the training of the police officers who filed this case?”
After hearing the arguments of the Prosecutor General of Islamabad, the court reserved its decision.
The court had earlier suspended the decision regarding the physical remand of the arrested PTI leaders.
Assembly members Ahmad Chattha, Aamir Dogar, Sher Afzal Marwat, Sheikh Waqas Akram, Makhdoom Shahzain Qureshi, and PTI leader Shoaib Shaheen had filed the petitions.
