IHC strikes down physical remand of PTI MNAs in Sangjani rally case

The Islamabad High Court (IHC) on Friday struck down the anti-terrorism court (ATC) verdict of the eight-day physical remand of PTI MNAs, who were arrested from Parliament House earlier this week.
On late Monday night, at least three key PTI members were arrested from different areas of Islamabad. Just after 3am on Tuesday, plainclothesmen had stormed the Parliament House to whisk away more PTI legislators.
At least 10 MNAs were arrested and sent on physical remand over their alleged role in violence at the Sept 8 Sangjani rally — namely Sher Afzal Marwat, Malik Amir Dogar, Ahmed Chattha, Zain Qureshi, Sheikh Waqas Akram, Zubair Khan Wazir, Awais Haider Jakhar, Syed Shah Ahad Ali Shah, Nasim Ali Shah and Yousuf Khan Khattak.
A day ago, IHC Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz took up the lawmakers’ petitions against the physical custody, suspending the ATC verdict for the same. Consequently, the 10 MNAs were sent on judicial remand.

Justices Farooq and Imtiaz resumed hearing the case today and reserved the verdict after hearing arguments from both sides.
Announcing the reserved verdict, they set aside the ATC order of physical remand.
According to the written order, a copy of which is available with Dawn.com, after the impugned ATC order was set aside, the PTI lawmakers “shall be in judicial custody”.
During the hearing, Islamabad Bar Council Vice Chairman Adil Aziz Qazi, Barrister Taimur Malik, Advocate Raja Haleem Abbasi and Shahbaz Khosa appeared as the counsels for the suspects.
The Islamabad prosecutor general and officials of the capital police were also present.
he termed the first information report’s contents as “good comedy”.
“So, the state has arrived,” Justice Farooq remarked as the prosecutor general arrived in court.
“I have noticed that all orders for physical remand are similar,” he observed.
“Let the state answer what had happened that they needed to grant physical remand of eight days,” the judge added. “This is such an action of which there is no previous example.”
After the prosecutor general read the FIR, Justice Farooq quipped that its “author is also interesting”, wondering how the Islamabad police could “get caught up” in clashes.
“Credit must be given as have gotten to see good comedy after a long time,” the IHC chief justice said. “Whoever has penned this FIR has written a good comedy,” he remarked.
“They placed a pistol [in possession of] Shoaib Shaheen. Do I not know him?” the judge asked.
“About Gohar Khan, they are claiming to have recovered a pistol from him. Do you and I not know Gohar Khan?” he wondered.
“You have read the comedy,” Justice Farooq said, referring to the FIR. “Now what else is left to recover from them?”
At this point during the hearing, the prosecutor general told the court that a “cane has been recovered from Shoaib Shaheen”, at which some people in the court burst into laughter.
The prosecutor general then said that a pistol had been obtained from PTI MNA Sher Afzal Marwat’s possession.
Noting that four days had passed since the arrests were made, Justice Farooq, while addressing the state counsel, said, “You have done whatever you had to do.
“Why was a [physical] remand of eight days granted? It could have been for two days,” the judge observed. “Custody is given but the ultimate custody is of the court,” he stated.
Assailing the case against the lawmakers, the judge further said: “Ridiculous allegations were levelled in this case and eight day’s remand was allowed.”
Here, Adil, one of the petitioner’s lawyers, recalled a previous Supreme Court judgment and informed the court that a bail petition was filed before the ATC but was not taken up. “Our order might have reached late. Let’s look into it,” Justice Farooq replied.
Stating that he would announce a short order in a while, the judge reserved the verdict on the PTI MNAs’ bail pleas.
Later in the day, the division bench announced the verdict, setting aside the ATC’s order and sending the lawmakers on judicial remand.
On late Monday night — a day after the PTI held its Sangjani power show — law enforcement agencies arrested at least three key members from different areas of Islamabad, including Sher Afzal Marwat from the Parliament House.
Just after 3am on Tuesday, plainclothesmen had stormed the Parliament House — disconne­c­ting the power supply and barging into the building’s Ser­vices Branch — to whisk away more PTI legislators.

On the same day, an Islamabad ATC handed over the PTI MNAs and several other workers to Sangjani police for eight days on physical remand, rejecting the request for a 17-day custody.
In light of the subsequent outcry by the PTI, the MNAs were subsequently presented in the National Assembly yesterday after Speaker Ayaz Sadiq had issued their production orders.
Sadiq also suspended five security staff for four months and transferred five officials of the Capital Development Authority — serving in the assembly on deputation — for disconnecting the building’s power during the ‘raid’.
More to follow