Detention orders against Pakistan Tehreek-e-Insaf (PTI) politicians Shehryar Afridi and Shandana Gulzar were on Wednesday suspended by the Islamabad High Court (IHC) ordering their immediate release.
The two PTI leaders were detained by the Islamabad Police under the Maintenance of Public Order (MPO) Ordinance, which was struck down by the court while hearing pleas for the release of Afridi and Gulzar.
The two politicians were arrested by law enforcement agencies for their alleged involvement in the May 9 riots, which began after the arrest of PTI chief Imran Khan earlier this year.
Afridi was first arrested on May 16 from his residence in Islamabad under Section 3 of the MPO Ordinance 1960. Despite the release order, he was promptly re-arrested on May 30 under the same section.
After that, the PTI politician was granted bail by the Rawalpindi Bench of the Lahore High Court on August 3. But his freedom was short-lived as he was once again taken into custody by the Rawalpindi police after his release from Adiala Jail.
In response to his arrest, the former minister’s counsel filed a petition in the IHC, seeking his release as well as cancellation of the MPO order.
Meanwhile, Gulzar was reportedly picked up by the Islamabad police on August 9, following which his mother filed an application at the IHC.
During today’s hearing, the IHC’s directions included contempt proceedings against the deputy commissioner of the federal capital.
Islamabad High Court Justice Babar Sattar asked Afridi if he had a house in the capital, to which the politician replied in the affirmative and was allowed to go home. The court also ordered Gulzar’s immediate release but restricted his movement in Islamabad.
The judge said that if anything happens to Gulzar, Inspector General of Islamabad Akbar Nasir Khan and Chief Commissioner will be responsible.
Afridi, who is in police custody on multiple charges, along with his lawyer Sher Afzal Marwat appeared in the court with a copy of the Holy Quran.
During the hearing of the case, Justice Babar Sattar called the Deputy Commissioner Islamabad to the rostrum and asked for details regarding the events of May 9.
According to intelligence reports, the DC said, the politician incited people. The DC added that there are reports of Afridi’s involvement in planning attacks on district courts in the party’s campaign against the judiciary.
Justice Sattar asked the DC that how did Afridi provoke people despite being in jail?
The DC in his reply said, “My eyes and ears are only intelligence reports.
When the court asked the station house officer (SHO) what information he had about Afridi planning the attack, he said someone else was in charge.
The judge asked the same question to the district police officer. “I was on leave at that time,” the officer said.
The court then asked the DC whether a reply to the show cause notice had been filed. “Yes sir, the written response has been filed,” he replied.
When the Islamabad High Court judge questioned the police officials about the May 8 incidents in the federal capital, IG Islamabad said that action is taken based on apprehensions before the incident takes place.
“We have taken these actions to maintain the law and order situation,” he said.
Justice Sattar termed the Special Branch report as a farce and sought a notification allowing the PTI politician’s arrest.
Senior Superintendent of Police counsel Tahir Kazim told the court that the reasons for revoking the earlier MPO’s orders were different.
Responding to their arguments, the court said that detention orders were issued after the arrest. It added that action on threat alerts is based on apprehension.
Justice Sattar also raised the court’s displeasure over Afridi’s repeated arrests in light of the 3MPO order and termed it “void”.
Describing the response of the SSP operations as unsatisfactory, he also ordered to charge them and also ordered contempt of court proceedings against the DC.
Justice Sattar in his remarks said that the Deputy Commissioner will frame the charge against Islamabad.
Later, the court questioned the jail superintendent about Afridi’s meetings during his detention in Adiala jail.
The hearing of the case was adjourned for 2 weeks.
