ISLAMABAD: The Islamabad High Court (IHC) on Tuesday declared the arrest of Pakistan Tehreek-e-Insaf (PTI) leaders – Fawad Chaudhary, Shireen Mazari, and Senator Falak Naz – under Section 3 of the Maintenance of Public Ordinance (MPO) as illegal.
Dr Shireen Mazari and Falak Naz were rearrested soon after their release from Adiala Jail, Rawalpindi, claimed Imaan Zainab Mazari-Hazir, daughter of the former human rights minister. She in a tweet said: “Senator Falak Naz’s family and I and our lawyer were waiting outside Adiala Jail to receive ama [my mother] and [Senator] Falak Naz. Islamabad Police arrested them from outside the jail while we were waiting outside the exit they told us to wait at.”
“We have no idea where they have been taken,” she added.
The official Twitter account of the PTI also tweeted that Mazari and Senator Naz had been rearrested. Till the filing of this report, there has so far been no official confirmation from the police or the government of the former minister being arrested again.
Meanwhile, after obtaining bail Fawad left the IHC premises but when he was about to leave the IHC parking premises in his car, he noticed Anti-Terrorist Squad personnel moving toward him. He immediately came out of his car and started running and entered the IHC premises to evade arrest.
He then moved a petition to seek protective bail and also filed a contempt petition against the Islamabad police for attempting to arrest him despite the court orders. The IHC bench fixed the case and barred the police from arresting the former information minister in any “undisclosed” case.
The court, approving Fawad’s protective bail for two days, barred the police from arresting the former minister in any case registered against him in Islamabad.
Justice Miangul Hassan Aurangzeb’s order said: “The District Magistrate, Islamabad Capital Territory order dated 10.05.2023 issued under Section 3(1) of West-Pakistan Maintenance of Public Order Ordinance, 1960 is set-aside; arrest of petitioner No.1 (Fawad) in the early hours of the morning of 11.05.2023 is declared to be unlawful in the presence of the order dated 09.05.2023 passed by this Court; and the respondents are directed to forthwith release petitioner from their custody.”
It noted, “Petitioner No.1 has already submitted an undertaking to the effect that he will, in no manner, resort to violence or incite any violence, and that he will not join any violent protest and abide by the restrictions placed under the Section 144 Cr.P.C. Order, currently in place in the Islamabad Capital Territory and shall also not take part in any public procession conducted by his political party in violation thereof.”
Earlier, the IHC bench also declared the arrest of PTI leaders, Shireen Mazari and Senator Falak Naz under Section 3 of the Maintenance of Public Ordinance (MPO) as illegal and issued directions to release them.
In the matter of Mazari, the court said, “For detailed reasons to be recorded later, the instant writ petition is allowed and the detention order dated 11.05.2023 issued by the District Magistrate is set aside for not being compliant with the law laid down inter alia in the judgments reported as PLD 1969 SC 210, 1994 SCMR 1532, PLD 1963 Lahore 109. Consequently, the respondents are directed to forthwith release the petitioner’s mother/detenue from detention.”
The former human rights minister’s daughter Imaan Mazari had approached the IHC for the release of her mother.
During the hearing, the petitioner’s counsel Zainab Janjua informed the court that the district magistrate ordered Mazari’s arrest fearing that she may harm the law and order situation. She added that the former minister was accused of inciting PTI workers.
However, the counsel explained to the court that her client was at home since May 9 and had not even issued any public statement. She added that the former ministers’ location at home can be checked through the CCTV footage and call data record.
After hearing his arguments, the judge asked that tell us what is the age of Shireen Mazari. Janjua told the court that the PTI leader was 72 years old and has medical issues as well.
At this point, the deputy commissioner, who was acting as the district magistrate, appeared in court. However, the DC’s failure to come up with the record irked the court and it ordered the official to appear with the material on which basis the detention order was issued.
The court then took a break. Once the hearing resumed, the high court declared the former human rights minister’s detention illegal. The bench also ordered the release of PTI Senator FalakNaz who was arrested under the same law as Mazari.
Copyright Business Recorder, 2023
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