ISLAMABAD: The District and Sessions Court on Saturday accepted the request of the Islamabad Police challenging the decision of the Judicial Magistrate to send the former Information Minister to Adiala Jail on 14-day judicial remand.
Passing the reserved judgment, the court directed the police to produce the PTI leader before the judicial magistrate’s court for further action on the petition.
Meanwhile, Sessions Judge Tahir Mehmood Khan rejected Fawad’s plea seeking release from the sedition case filed against him on the complaint of ECP Secretary Umar Hameed.
فیصلہ محفوظ ہونے کے بعد فواد چوہدری کی عدالت سے روانگی
— PTI (@PTIofficial) January 28, 2023
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The district and sessions court judge had ordered the authorities to produce Fawad in the court by 12:30, but the police failed to produce him on time.
After more than an hour’s delay, the police produced the PTI leader in the court. On the order of the Sessions Judge, Fawad was exposed in the court room premises.
While the police requested the sessions judge to “set aside” the judicial magistrate’s decision and extend Fawad’s physical remand for further investigation, the PTI leader pleaded with the court to acquit him from the case.
The plea submitted by Fawad’s lawyers has asked that the PTI leader be acquitted from the case instead of being sent to judicial remand. Sessions Judge Tahir issued notices to the prosecutor and the Election Commission of Pakistan (ECP).
Fawad – who is facing sedition charges for publicly “threatening” members of the electoral body at a media talk – was arrested from his Lahore residence on Wednesday after a case was registered against him at the Kohsar police station. was arrested.
After the physical remand ended, he was produced in the court on Friday, but Judicial Magistrate Waqas Ahmed Raja rejected the prosecution’s request for extension.
Today’s hearing
When the hearing resumed after several adjournments, prosecutor Adnan presented his arguments and informed the court that there is a need to conduct a photographic test of Fawad for which his video has been obtained.
Sessions Judge Tahir Fawad was hearing pleas filed by the police against the order of Judicial Magistrate Waqas Ahmed Raja rejecting the PTI leader’s plea for extension of physical remand.
“Fawad needs to be taken to Lahore for a photogrammetry test,” Adnan said, adding that they also need to recover his mobile phone, laptop and other electronic devices.
He said the instruments needed to be analyzed to find out the “mastermind behind Fawad’s hateful remarks against the ECP”.
The prosecutor told the court that the Investigating Officer (IO) has sought a seven-day physical remand. Urging the court to “set aside” the judicial magistrate’s decision, he said the decision did not mention the photogrammetry test that the IO is demanding.
Backing up his arguments, prosecutor Adnan said that there is a lot of electronic material [material broadcast on electronic media] available against the PTI leader. Told the court.
The prosecutor opposed Fawad’s plea for acquittal, saying the PTI leader cannot be acquitted as he owns his statement.
During the proceedings, Fawad’s counsel Babar Awan and the ECP’s counsel had a heated argument as the former asked the latter not to “unnecessarily” interfere in the proceedings.
Fawad’s lawyer told the court that the former information minister has been lodged in Adiala Jail, adding that he sought permission to meet his client 3 days ago but the permission has not been granted yet.
Expressing regret, Awan said that the way Fawad was presented in the court is a violation of human rights.
After a short break when the police brought Fawad handcuffed to the session judge’s chamber with his head covered with a black cloth, Awan continued his arguments by questioning the prosecution about the part where the PTI leader had accused E.C. P. Threaten the authorities.
Hearing on bail application
Meanwhile, the Additional Sessions Judge also heard the PTI leader’s bail application this morning.
At the beginning of this hearing, Fawad’s lawyer appeared in the court and said that I am ready to argue on the application.
However, the judge said that he had not received the case file and records, so he adjourned the proceedings till 10 am.
Later, proceedings were stayed pending a decision on a police plea challenging the decision to extend physical remand.
After the local court sent the former information minister to 14-day judicial remand, Fawad submitted a post-arrest bail application to the judicial magistrate of Islamabad a day ago.
The petition claims that the PTI leader has been “falsely implicated by the complainant in the instant case with ulterior motives and merely to harass, pressure and blackmail the present petitioner”.
The petition submitted by the PTI leader further stated that the allegations made in the First Information Report (FIR) are completely false, frivolous and baseless. It also stated that Fawad is innocent and has no connection or association with the commission of the alleged crime.
It added that Fawad was arrested “illegally and without justification in defiance of the law”.
‘The legal battle will continue’
Speaking to reporters, Fawad’s brother Faisal Chaudhry said that he already knew that the police and the Election Commission would adopt a “dishonest” attitude.
However, he said that all these issues will be highlighted before the court. Detaining any citizen is a violation of fundamental rights, he said, adding that the legal battle will continue despite state repression.
Faisal termed all the cases registered against Azam Swati and other PTI leaders as “false”.
