The Islamabad High Court has annulled the eight-day physical remand of several Pakistan Tehreek-e-Insaf members of the National Assembly, raising concerns about the legality of the process and the allegations against them.
This decision followed a hearing chaired by Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz, who scrutinized the remand order and questioned the justification for such an extensive period of physical custody.
Chief Justice Farooq noted that the remand orders seemed to be identical and questioned the rationale behind the lengthy custody. He criticized the First Information Report (FIR) as “comedic” and suggested that it seemed more like a script for a comedy film, casting doubt on the seriousness of the charges.
Prosecutors had alleged that PTI leaders made inflammatory speeches during a rally, but the court emphasized the right to a fair trial and criticized the arrest of the members directly from parliament without due process.
After reviewing arguments from both sides, the court invalidated the physical remand, citing insufficient evidence to justify it. The IHC also questioned the handling of the case by law enforcement and hinted at possible further investigations.
Previously, the IHC had suspended the physical remand of PTI leaders arrested in connection with recent party rally cases. The court postponed the case until the following day, with a special two-member bench set to hear it at 10 a.m., despite such a bench’s usual absence on Fridays.
During the hearing, the Prosecutor General opposed the remand’s suspension, claiming it could send a “negative signal.” Chief Justice Farooq questioned what negative impression could arise and noted that if the court issued such an order, the accused would be transferred to judicial custody, rendering the remand order unsustainable.
Defense counsel argued that the trial court had extended the remand without adequate reasoning, emphasizing that lengthy physical remands should be avoided. The prosecutor defended the remand decision by presenting details from the FIRs filed against the accused.
This development comes after ten arrested PTI members were recently ordered to attend a National Assembly session. Earlier, police had raided the parliament, arresting several prominent PTI leaders, including Sahibzada Hamid Raza, head of the Sunni Ittehad Council (SIC). This occurred just a day after PTI’s rally in the capital, which was intended to demonstrate the party’s political strength amid recent legal challenges.
