ISLAMABAD: The Islamabad High Court (IHC) on Tuesday ordered release of Pakistan Tehreek-e-Insaf (PTI) leader Fawad Chaudhry after he challenged his arrest under Section 3 of the Maintenance of Public Ordinance (MPO).
Chaudhry is the third PTI leader after former human rights minister Shireen Mazari and Senator Falak Naz released in the day on the court orders on Tuesday. Islamabad police presented the former federal minister before Justice Mian Gul Hassan Aurangzeb’s court.
During the proceedings, Islamabad Advocate General Barrister Jahangir Jadoon appeared before the single-judge bench. “I want to place some facts before the court,” he submitted and informed the court that the copy of the court’s order was not given to the IG office and the law officers concerned. He further said that the biometric verification of the PTI leader was also not carried out on the petition.
At this, the judge rebuked the lawyer, maintaining he wasn’t the judge and it was the court’s jurisdiction to see whether the biometrics had been done. The AG contended that Fawad Chaudhry had not been arrested in any case. He would have been required to be presented in court if the arrest had been made in connection with a case.
Barrister Jadoon further argued that Fawad, through his conduct, had to prove whether he is a peaceful citizen or not. He said 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.
However, Jadoon mentioned that the court while stopping Imran Khan’s arrest had mentioned the MPO separately. If they had stopped arrest in cases only, the arrest could have been made under MPO, he maintained. At this, the court asked who had advised that the arrest could be made under MPO.
To the court’s query, the AG responded that no one had advised them, however, they were unaware of the court order against arrest. The government lawyer then presented a tweet by Fawad, posted on May 10, saying that it was a video of the PTI leader inciting workers to join the protests.
The government lawyer stated that Fawad in his tweet had said that it was liable to the PTI workers to take part in protests following Imran Khan’s arrest. On this point, Babar Awan argued that the deputy commissioner must have known about the LHC 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.
The court then asked if the police had shown any documents to the PTI senior leader at the time of his arrest. Awan said his client was arrested based on the material that didn’t exist. To this, Justice Aurangzeb responded that the incidents that occurred after Imran Khan’s arrest should be taken seriously. “Fawad Chaudhry is an important person, a former federal minister, does he not know the nature of Pakistani mob?” Justice Aurangzeb posed a question. “When Fawad asked people to come out, did he expect only law-abiding citizens to come out?”
“If the district magistrate couldn’t have passed this [detention] order then what could have been done?” asked Justice Aurangzeb. He further said that the court had summoned Fawad so that he could be released.
Earlier, Justice Gull Hassan Aurangzeb while hearing a plea ordered the release of PTI leader Shireen Mazari and declared her arrest under Section 3 of Maintenance of Public Order (MPO) illegal. Daughter of the PTI leader, Imaan Mazari had approached the IHC for release of her mother. “Tell us what is the age of Shireen Mazari,” asked the judge. The lawyer 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 the 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 later 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 Order as Mazari.
