ISLAMABAD, SEPT 5: The Islamabad High Court (IHC) has suspended the detention of Pakistan Tehreek-e-Insaf (PTI) President Parvez Elahi under 3-MPO (Maintenance of Public Order) and ordered the Islamabad police to release him.
Elahi, the former Punjab chief minister, was rearrested under 3-MPO by the Islamabad Capital Territory (ICT) police shortly after being released by the National Accountability Bureau (NAB) on the Lahore High Court (LHC) on September 1.
The PTI president had filed a petition in the IHC against his arrest by Islamabad police under 3-MPO.
IHC Justice Tariq Mehmood Jahangiri heard the plea that sought the declaration of Elahi’s detention under the 3-MPO order “null and void”.
The 3-MPO order was issued by the district magistrate of Islamabad.
The Elahi’s lawyer, during his arguments, said his client has been in jail for three months and questioned how he could possibly create a law and situation in custody.
He also read out the 3-MPO order in the court and shared that his client has not issued any statement in the last four months.
The counsel said that Elahi has no case registered against him in Islamabad and he was discharged from the anti-corruption case.
He added that the senior politician’s arrest in the corruption case by the National Accountability Bureau (NAB) was also declared illegal by the Lahore High Court.
Meanwhile, the court inquired if Elahi was involved in riots or held rallies in Islamabad, to which his lawyer replied in negative.
He also informed the court about the contempt of court proceedings against Islamabad district commissioner for passing a similar order against PTI leader and former minister Shehryar Afridi.
Justice Jahangiri maintained that the politician has been detained for more than three months. Subsequently, the judge issued a notice to Islamabad DC, summoning him to the court on the next hearing.
The IHC also directed Elahi to avoid giving any statement until the next hearing.
Islamabad commissioner summoned by LHC
Meanwhile, the Lahore High Court (LHC) Justice Mirza Waqas Rauf heard the plea challenging the arrest of Elahi by the Islamabad police despite the court’s order and directed the federal capital commissioner to present Elahi before the court tomorrow (Wednesday).
Elahi’s lawyer apprised the court of IHC’s verdict to suspend his client’s detention and order his release.
“Prima facie, the state is reluctant to produce Parvez Elahi before the court,” the LHC remarked.
The judge said the matter of contempt against the Islamabad Inspector General (IG) Dr Akbar Nasir Khan — in connection with Elahi’s detention under 3-MPO (Maintenance of Public Order) last week — is already before the court.
The prosecutor, during his arguments, said the district sessions judge concerned was directed to present the senior politician as per the court’s order.
“The Islamabad chief commissioner did not adhere to the court’s order,” the court stated in its order, directing him and the police to present Elahi in the court on Wednesday.
Both officers of Islamabad are also directed to appear before the court in a personal capacity, the court’s order read.
The hearing on the case has been adjourned till tomorrow.
Elahi was initially arrested on June 1 from outside his residence in a Rs70 million graft case related to the embezzlement of development funds allocated for the Gujrat district.
Since then, the PTI Chairman Imran Khan’s aide has been behind bars on various charges. During a span of around two and half months, the PTI leader was released multiple times on the courts’ orders but was rearrested immediately every time.
He was taken into custody during a crackdown launched against the party’s leadership following the May 9 riots.