ISLAMABAD/LAHORE: An anti-terrorism court (ATC) in Islamabad on Wednesday handed over former chief minister Chaudhry Parvez Elahi to the police for two days, as it approved the police’s request for physical remand in a case pertaining to the May 9 violence.

The Counter-Terrorism Depart­ment (CTD) SHO Mohammad Ashraf sought custody of Mr Elahi for 15 days, citing the case registered with the CTD in connection with the May 9 violence. The police said the complainant in the supplementary statement accused Mr Elahi of ‘abetting’ the violent protesters. Judge Shahrukh Arjumand, however, approved only two-day remand.

Meanwhile, Sardar Abdul Raziq Khan, the counsel representing Mr Elahi, filed a petition seeking contempt of court proceedings against the officials of Islamabad’s administration and police for not releasing the ex-chief minister despite a court order. He stated that the IHC set aside the detention order and ord­ered the release of Mr Elahi, but the CTD took him into custody.

He said the Lahore High Court (LHC) restrained the law enforcement agencies from arresting Mr Elahi in any case and req­uested the court to initiate the con­­tempt proceeding against Ins­p­ector General Akbar Nasir and other officials of the Islamabad po­­lice as well as the district admi­ni­s­tration under sections 3 and 5 of the Contempt of Court Ordinance 2003.

LHC initiates contempt proceedings against Islamabad officials

On Tuesday, IHC Justice Tariq Mehmood Jahangiri had suspended the detention order of Mr Elahi and ordered that he might be released if not required in any other case. The PTI leader, however, was soon detained in a new case.

Contempt proceedings

Separately, the Lahore High Court (LHC) disposed of a habeas corpus petition for the recovery of PTI President Parvez Elahi. But it issued a show-cause notice to the Islamabad chief commissioner and the police chief.

Justice Mirza Viqas Rauf resumed the hearing of the petition filed by Mr Elahi’s wife, with Rawalpindi chief police officer, Attock district police officer, and advocate general of Islamabad in attendance. Asked about the abse­nce of the Islamabad commissio­ner and the IGP, the capital’s law officer informed the court that the police chief and the chief commissioner were due to appear before the Supreme Court and the Islam­abad High Court, respectively.

The Islamabad advocate general questioned the territorial jurisdiction of the LHC to hear the matter and also stated that the IHC had already set aside the det­ention of Mr Elahi issued under the Maintenance of Public Order.

Justice Rauf observed that the former chief minister was detained in Attock jail when the LHC took up the petition against his detention.

The petitioner’s counsel argued that the LHC had restrained the arrest in any case but Islamabad police ‘abducted’ him from Lahore and detained him under Section 3 of the MPO. He said the order of the LHC had been violated by the capital police.

The judge disposed of the petition to the extent of the recovery of Mr Elahi for being infructuous; however, he directed the registrar’s office to make a separate file for contempt proceedings against the commissioner and the police officials. The judge issued show-cause notices to the Islamabad chief commissioner and the IGP with direction to submit written explanations by Sept 18 against the contempt proceedings.

Published in Dawn, September 7th, 2023