ISLAMABAD, Sep 16 (Online): Supreme Court (SC) during the hearing of petition filed against physical remand and torture of PTI leader Shahbaz Gill has raised question have police not subjected any prisoner to torture during PTI government.
The court remarked Shahbaz Gill will have to resort to proper forum against torture.
The court while issuing notice to federal government and summoning the investigation officer of the case along with the record adjourned the hearing of the case for indefinite period.
The case came up for hearing before a 3-member bench of SC presided over by Justice Ijaz ul Ahsan on Friday.
Suleman Safdar counsel for Shahbaz Gill argued trial court transgressed its powers. What torture was inflicted on Shahbaz Gill is unprecedented.
Justice Mazahir Ali Akbar Naqvi inquired what Shahbaz Gill had done and case was instituted on what basis.
Suleman Safdar counsel for Shahbaz Gill told the court Shahbaz Gill delivered a speech and 13 clauses were imposed making it basis.
Justice Mazahir Ali Akbar Naqvi while reprimanding counsel for Shahbaz Gill inquired you tell us on what basis physical remand was given.
The counsel for Shahbaz Gill said to the learned judge “aap arz kar dein as to why physical remand was given.
Justice Mazahir Ali Akbar remarked “ arz karoon” what are you talking about. Is talk made with a judge this way? Shahbaz Gill had not delivered speech but he had given an interview on TV. You have not made preparations for the case. You don’t know even the process and objective of granting physical remand. Do you know what was to be recovered from the accused in this case? Was police to recover tongue from Shahbaz Gill with which he had spoken? What was recovered from Shahbaz Gill has nothing to do with this case. Shahbaz Gill will have to approach proper forum against violence. Did you resort to respective forum against the violence? Who has stopped Shahbaz Gill from approaching proper forum.
Justice Jamal Khan Mandokhail raised the question on one occasion did police not perpetrate violence on any one during PTI government.
The counsel for Shahbaz Gill while withdrawing his words took the plea police torture related incidents come to open rare. The remand given in respect of Shahbaz Gill was the biggest ever controversial remand of the country’s history. Judge wrote in order there were torture marks on the body.
Justice Mazahir Ali Akbar Naqvi inquired on this occasion will judge appear as witness in torture case. Magistrate is guarantor of rights of the prisoner. You don’t know even to this extent.
Justice Mazahir Ali Akbar Naqvi inquired from counsel for Shahbaz Gill is criminal procedure applicable to SC.
Suleman Safdar replied “ yes.
Justice Mazahir Ali Akbar Naqvi remarked “wakeel sahb criminal procedure is not applicable to SC.
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