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

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ISLAMABAD: The Islamabad High Court (IHC) 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.“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.

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