ISLAMABAD, Aug 16 (Online): Islamabad High Court (IHC) while suspending the detention order of PTI leaders Shehryar Afridi and Shandana Gulzar under MPO-3 has issued orders for their release.
The case against the arrest of Shehryar Afridi and Shandana Gulzar came up for hearing before single bench of IHC led by Justice Babar Sattar here Wednesday.
Shehryar Afridi was produced in the court.
Deputy Commissioner (DC) too appeared in the court. He read out magistrate order about detention of Shehryar Afridi.
Sher Afzal Marwat counsel for Shehr yar Afridi too appeared in the court. .
Justice Babar Sattar called Deputy Commissioner (DC) on rostrum.
DC told the court May 9 incidents are before all. According to intelligence reports Shehryar Afridi ignited provocation. Information about involvement of Shehryar Afridi in the planning for attacking district courts is also there. His name has come in the matter of anti judiciary campaign.
Justice Babar Sattar inquired you did not ask from the one who gave report that how he is inciting people from jail.
DC Islamabad replied my eyes and ears are intelligence institutions. Special branch too had given report.
The court inquired do you know what you are saying. One accused is imprisoned in jail and you are saying he is inciting people.
The day he was to be released you remembered to issue this order. Keep in mind the imprisonment for contempt of court is 6 months.
Justice Babar Sattar directed DC to give reply by keeping it in mind.
Justice Babar Sattar inquired when the situation grew tense.
DC told the court such situation was evolving on August 08.
Justice Babar Sattar remarked what had happened such in Islamabad that the situation looked tense.
DC replied that he asked from SHO what threats are coming.
Court called SHO on rostrum.
The court questioned from SHO he had what information about planning by Shehryar Afridi.
SHO told the court he was transferred one day before and he had taken over charge on the same day.
Justice Babar Sattar inquired who was DPO at the time of arrest of Shehryar Afridi.
DPO came on rostrum.
The court inquired from him what information he had about Shehryar Afridi.
DPO told the court he was on leave on August 07.
The court while expressing displeasure remarked what he is reading it is tantamount to make mockery of police system.
IG Police Islamabad Akbar Nasir Khan appeared in the court and told action is taken on the basis of apprehensions before occurrence of the incident. We initiated these actions to maintain law and order situation.
Justice Babar Sattar remarked report of special branch is merely a joke. Where is that notification on the basis of which arrest of Shehryar Afridi was allowed?
IHC inquired from DC “Have you filed reply regarding show cause notice.
He replied yes sir written reply has been filed.
Justice Babar Sattar remarked IG Sahb it is a big issue we have made the law a joke.
Court makes one decision and then you issue an order against it.
Supreme Court has made it clear that you have to give reasons for MPO.
The IHC while declaring DC Islamabad reply unsatisfactory to show cause notice in contempt of court matter decided to indict DC Islamabad.
In next hearing the DC Islamabad will be indicted in contempt of court case.
The contempt of court proceedings started during the hearing of the case for transgressing the powers in the matter of issuance of MPO.
Counsel for SSP Tahir Kazim said there were different reasons for nullifying the first MPO.
The court remarked detention orders were issued later and arrest was made before issuance of detention order.
Proceedings on threat alerts are initiated on the basis of fears.
The court while declaring reply of SSP operation decides to indict SSP operations too.
The court while issuing notices to IG Islamabad directed him to provide name of respective officers.
Sher Afzal Marwat advocate said he is ready to give affidavit that no one has met Shehryar Afridi since one month and 8 days. The officers present here have given wrong statements.
The court summoned record of the meetings made with Sheharyar Afridi in jail. Details was sought from Superintendent jail that who met Shehryar Afridi in jail.
Justice Babar Sattar remarked show the notification on delegating powers to DC for issuing MPO. Where is notification wherein this authority was given to DC? If that notification is not there then there is no need to go for such debate.
The court suspended the order of detention of Shehryar Afridi under MPO-3
The court stopped Shehryar Afridi from giving statements and going outside Islamabad.
Justice Babar Sattar remarked ” Afridi Sahb, have you any home in Islamabad.
Shehryar Afridi told the court yes he has home in Islamabad.
IHC allowed him to go to his residence in Islamabad.
The court ordered that Shehryar Afridi will remain in his residence at Islamabad. If any harm is caused to Shehryar Afridi then DC and IG Islamabad will be responsible.
Later the court suspended the detention order of Shandana Gulzar under MPO and ordered to release her immediately.
The court remarked if anything wrong happens with Shandana Gulzar then IG and Chief Commissioner will be responsible. While Shandana Gulzar will not go outside Islamabad.
The court adjourned for two weeks the hearing of petition filed against the detention of Shehryar Afridi and Shandana Gulzar
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