ISLAMABAD: A local court on Monday extended the physical remand of Pakistan Tehreek-e-Insaf (PTI)’s leader and party chairman Imran Khan’s chief of staff, Shahbaz Gill for two days in a sedition case.
The judicial magistrate, Malik Aman, while announcing its reserved verdict approved the police’s plea seeking an extension in Gill’s physical remand and remanded him into police custody for another two days.
The court directed the police to produce Gill before the court on August 24.
According to a court’s order, in the light of the order of the court dated August 18, and the aforementioned circumstances of the case, whereas, handing over of the custody of the accused to the police in view of the order of the session judge has been suspended till August 22, hence, the physical custody granted by the court yet to be extended to the police.
It says that in view of the application in hand allowed and 48 hours physical remand subject to pre and post-medical examination is hereby extended. The accused is produced before the court twice and the matter is kept pending at the request of both sides. It is appropriate to fix the time of commencement of 48 hours at 1pm today. The accused be produced before the court on August 24 on 1pm.
The order says that during the course of arguments, the counsel of the accused and accused submitted that his lawyers and family have not been allowed to visit him. The IHC in its order has directed requisite directions. The IO is directed to comply with the stated order of the IHC in letter and spirit. Admittedly, the accused remained hospitalized due to certain health issues; therefore, the IO is directed to provide every needful medical facility, as and when required, it says.
The order further says that the special prosecutor submitted that the order of the Additional Sessions Judge, is to be implemented and the custody of 48 hours to be granted to the investigation officer, in order to conclude the investigation.
It is prayed that in compliance of the order of the Additional Sessions Judge, West-Islamabad custody of 48 hours may be granted.
The order says that on the other hand, the defence counsels on behalf of the accused argued that the accused have been physically tortured to extort confessional statements; that the constitution and criminal procedure code have provided the mechanism and quantum of physical custody which may be granted by the magistrate. The counsel also referred to certain articles of the constitution and section 167 of the CrPC to substantiate their submissions. It is further added that the period of 14 days provided under the law has already expired; therefore, further physical custody may not be granted.
The police produced Gill before the court amid tight security arrangements after he was discharged from the Pakistan Institute of Medical Sciences (PIMS) hospital where he was admitted on August 19 following the court order.
At the start of the hearing, the judge expressed its displeasure over the appearance of Shahbaz Gill without record. The court was informed that the record is with the Islamabad High Court (IHC) and the IHC has reserved its verdict today. Gill’s lawyer requested the court to adjourn the hearing for a short time.
After this, the court directed the police to take Gill from court to the judicial lockup and adjourned the hearing for a short time.
Gill told the court that he had been on a hunger strike since last night. The accused further said that he was forcibly fed; 10-12 people shaved him. Superintendent of Police (SP) Nowsherwan told him that his bail has been confirmed, he said, adding that the SP also showed a screenshot about his bail.
Defence counsel Faisal Chaudhry and Baber Awan as well as special prosecutor Raja Rizwan Abbasi appeared before the court.
During the hearing, the special prosecutor read out the order of Additional Session Judge Farukh Ali Khan. The physical remand cannot be terminated due to a two-day stay in PIMS, he told the court. He did not support physical torture, adding that physical remand of the accused will start the day when the court issues an order in this regard. He requested the court to extend the physical remand of the accused.
Awan, Gill’s lawyer, while arguing before the court said that Gill has been in custody for nearly 14 days and it was enough time for investigating a person; however, the prosecution demanded more time. His client had given his interview to TV channel through a landline number, he said, adding that police have tortured Gill during the last 14 days and also the video has been leaked. What they wanted to be recovered from Gill, Awan asked.
He said that our constitution says, to arrest the accused, investigate him and obey court orders. According to the Supreme Court bail is better than jail, he said.
Gill’s lawyer Salman Safdar said that despite the court order neither Gill’s lawyer nor his relative was allowed to meet with him. The prosecution did not produce any video before the court as evidence but a video has been leaked after 12 days, he said. He requested the court to reject police application.
Copyright Business Recorder, 2022
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