IHC declares PTI MNA’s eight-day physical remand null and void

The Islamabad High Court (IHC) on Friday overruled the 8-day physical remand for several Pakistan Tehreek-e-Insaf (PTI) members of the National Assembly, declaring it as null and void. IHC raises concerns about the legal process and the allegations against the arrested MNA’s.

The ruling followed a hearing led by Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz. They reviewed the remand order and expressed doubts about the justification for such a lengthy period of custody.

Chief Justice Farooq noted that the remand orders seemed uniform and questioned the motivation behind the extended custody. During the hearing, he criticized the First Information Report (FIR), describing it as “comedic” and expressing doubt on the seriousness of the charges.

The prosecution had alleged that PTI leaders made dangerous speeches at Sep 8, Islamabad rally. However, the court highlighted that right to a fair trial is every citizen right and criticized the direct arrest of the members from parliament without proper procedural steps.

Following the arguments, the court nullified the physical remand, citing insufficient solid evidences to support the claims. The IHC also questioned the law enforcement’s handling of the case and suggested further investigations should be made.

The court postponed further proceedings until tomorrow, with a special two-member bench scheduled to hear the case at 10 am.

The decision was made by Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz in response to petitions made by the detained National Assembly members.

The Prosecutor General opposed the remand suspension, arguing it might send a “negative signal.” On this remark, Chief Justice Farooq questioned what negative impression could be caused.

He noted that if the court issued such an order, the accused would be transferred to judicial custody, making the remand order unsustainable in its current form.

The defence argued that the trial court had prolonged the remand without any suitable justification, suggesting that lengthy physical remands should be avoided. Still, the prosecutor defended the remand by citing details from the FIRs against the suspects.

This development follows the issuance of production orders for ten arrested PTI members to attend a National Assembly session.