ISLAMABAD: On a petition seeking restraining orders for the police against the arrest of Pakistan Tehreek-i-Insaf (PTI) leaders, the Islamabad High Court (IHC) observed the former ruling party MNAs are still parliamentarians and cannot be arrested without “express permission of the National Assembly speaker”.

IHC Chief Justice Athar Minallah passed this observation while hearing a petition filed by former federal information minister Fawad Chaudhry to restrain the police from arresting PTI leaders nominated in over a dozen first information reports (FIRs) registered in connection with hooliganism in Masjid-i-Nabwi.

The police, in various cities, including the federal capital, has registered FIRs against former prime minister Imran Khan, Mr Chaudhry, Dr Shahbaz Gill, Sheikh Rashid and his nephew Rashid Shafique and others under sections 295 (defiling the place of worship) and 296 (disturbing religious assembly) of the PPC for violation of the sanctity of Masjid-i-Nabwi.

Mr Chaudhry filed the petition through advocate Faisal Hussain Chaudhry, Muhammad Ali Bokhari and others seeking multiple reliefs, including avoid of arrest.

Fawad asks court to restrain police from arresting PTI leaders nominated in FIRs over Madina incident

Though the court was closed on account of Eid holidays, but as per regular practice a skeleton staff was present to entertain the petitions related to enforcement of fundamental rights.

Calling it political victimisation, the counsel asserted the multiple cases had been registered at the behest of the federal government merely to harass and intimidate the petitioner and other PTI leaders/workers. He stated that criminal cases had also been registered within the jurisdiction of the IHC relating to an incident that took place in Saudi Arabia.

The counsel further claimed that the petitioner and other leaders of the PTI were being illegally harassed.

When Justice Minallah inquired whether Mr Chaudhry and other PTI leaders were still members of parliament, the counsel said the petitioner had tendered his resignation as a member of the National Assembly but so far the Election Commission of Pakistan had not issued a notification.

The CJ remarked that until or unless the ECP accepts the resignation and de-notifies the PTI leaders they will remain MNAs and, therefore, the police cannot arrest them without the express permission of the National Assembly speaker.

When Advocate Chaudhry requested the court to issue a restraining order against the arrest of the PTI leaders, Justice Minallah said the court cannot give a blanket order.

Subsequently, the court directed the interior secretary and respondent authorities, including Interior Minister Rana Sanaullah, inspectors general of Islamabad and the provinces “to ensure that no harassment is caused to the petitioner [Fawad Chaudhry] nor coercive adverse measures are taken against him till the next date fixed”.

“It is expected that matter will be brought to the attention of the worthy speaker of the National Assembly of Majlis-i-Shoora (parliament). The latter is expected to ensure that the liberty of members of the Majlis-i-Shoora (parliament) is not curtailed by the respondents without his approval nor they are harassed in any manner due to the incident which had taken place in the Kingdom of Saudi Arabia.”

Further hearing in this matter was adjourned till May 9.

Shahbaz Gill’s petition

Advocate Faisal Chaudhry told the court that the former prime minister’s special assistant, Dr Gill, had also been nominated in the FIRs registered in connection with the Masjid-i-Nabwi incident. He contended that Gill was not in the country and was scheduled to return on May 4.

The counsel alleged that due to political victimisation his client had been nominated in more than a dozen criminal cases registered across the country, was returning to surrender before the competent courts and, therefore, seeking protective bail.

Justice Minallah directed the Federal Investigation Agency and the other authorities at the international airports to ensure that the petitioner was facilitated in appearing before the court on May 6 and his liberty shall not be curtailed till the date fixed.

Published in Dawn, May 3rd, 2022