ISLAMABAD, Aug 16 (Online): Islamabad High Court (IHC) while declaring the review petition for physical remand of PTI leader Shahbaz Gill maintainable has ordered session judge to rehear the plea today (Tuesday).
The court said in the decision that request of the Advocate General (AG) for the re-examination is maintainable. Sessions judge should decide the matter on merit.
The court remarked the respondents should appear before the sessions judge and give arguments.
Following the rejection of government plea for physical remand AG had filed plea for reviewing the decision. Sessions judge had declared the review petition non maintainable.
AG had challenged sessions judge decision in IHC.
Earlier during hearing of the case Justice Amir Farooq remarked high court does not give remand. This is not jurisdiction of high court that it should see how much remand has to be given to accused. How much the offence is grave, the matter of the remand has to be seen by the magistrate. It is correct that the one to whom case is related is office bearer of political party.
He further observed the court has to see legal point. Tell the court that how the appeal plea against the decision of judicial magistrate was maintainable. If the accused is sent to jail on judicial remand then the matter comes to end.
He remarked handing over any one to police on physical remand is a serious matter. Apparently it seems as if a forum of sessions court is there to supervise. Sessions court should see that judicial magistrate has not given any wrong decision. I am not going to the merits of the petition for granting remand. I am hearing the arguments to this extent that either appeal could be heard in session court or otherwise.
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