ISLAMABAD: The District and Sessions Judge (DSJ) of Islamabad on Thursday dismissed a plea for post-arrest transit bail filed by PTI leader Ali Amin Gandapur, enabling the Punjab police to arrest him in another case registered in Bhakkar.
Nasir Javed Rana, the DSJ, issued the order on Mr Gandapur’s petition at 9.15pm, hours after the court’s closure.
Following the rejection of Mr Gandapur’s plea for post-arrest bail, judicial magistrate Naveed Khan accepted a request by Bhakkar police for a one-day transit remand, with a directive that the PTI leader be produced in court before the expiry of remand.
Mr Gandapur, a former federal minister, was arrested last week from outside the building housing Peshawar High Court’s Dera Ismail Khan bench after an hours-long drama.
He was later handed over to Islamabad’s Golra police.
The FIR registered against Mr Gandapur mentions an audio leak in which he could be purportedly heard using derogatory language against the federal coalition and hurling threats at government officials.
The former minister had sought post-arrest transit bail in the case registered against him in Bhakkar district, meaning that he was asking for permission to appear before the police station concerned on his own instead of being in custody.
Justice Arbab Mohammad Tahir of the Islamabad High Court asked the DSJ to decide Ali Amin Gandapur’s petition “in accordance with the law” and “by giving due audience to all concerned”.
Mr Gandapur’s petition contended that Bhakkar police had registered a case against him under sections of the Pakistan Penal Code and the Punjab Arms (Ordinance) of 2015. He was initially arrested by Dera Ismail Khan police and his custody was handed over to Islamabad police in another FIR.
Mr Gandapur’s counsel argued that the FIR registered against him was frivolous and politically motivated. He said the petitioner was ready to furnish surety bond for the court’s satisfaction so that he could appear before a court in Bhakkar and sought post-arrest transit bail for his client. The prosecution opposed the bail petition.
The court noted that the offences cited against Mr Gandapur fell within the ambit of prohibitory clause and police require his custody to effect recovery of the case property, i.e weapons.
The judge noted that since the investigation officer at Bhakkar police station had sought transit remand, “the relief claimed by the petitioner...cannot be granted”.
Discussing the case law cited by the counsel for Mr Gandapur, the judge observed that “the esteemed case law put forth by learned counsel for the petitioner is hardly relevant under the attending circumstances”.
Earlier on Thursday, Judicial Magistrate Ihtasham Alam Khan rejected a request by police to extend Mr Gandapur’s physical remand and placed him under judicial remand at Adiala jail.
The prosecutor informed the court that the investigation officer had conducted a voice match test of the PTI leader, arguing that he should be kept in police custody to enable them to “recover mobile phones and weapons from Gandapur”.
Transit remand
The judicial magistrate rejected the police request.
During the hearing, Bhakkar police filed an application seeking Mr Gandapur’s three-day transit remand in connection with an FIR registered against him.
Babar Awan, counsel for Mr Gandapur, told the court that the IHC had stopped handing over the custody of Mr Gandapur to a police force from any other province.
The investigation officer at Counter-Terrorism Department’s (CTD) police station sought permission to interrogate Mr Gandapur.
The court granted the request and sent Ali Amin Gandapur to Adiala jail on 14 days judicial remand.
Published in Dawn, April 14th, 2023
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