Web Desk (LTN NEWS): Pakistan Tehreek-e-Insaf leader Shahbaz Gill went to the Supreme Court on Saturday to challenge the Islamabad High Court’s (IHC) order giving Islamabad police two days to hold him.
In a petition filed by lawyers Salman Safdar and Chaudhry Faisal Hussain, the petitioner asked the SC to overturn the IHC order.
The petition said that the investigation into the case should be stopped right away because it was illegal and against the law for the prosecution.
The lawyers also asked the SC to let Gill go because Gill’s physical custody was “unconstitutional because it violated Gill’s basic rights to life and dignity.”
The petition also asked the SC to say that the IHC’s order was “illegal and unlawful” and that it went against Articles 9 and 10-A of Pakistan’s Constitution from 1973.
The petition also said that the IHC seemed to have failed to protect the petitioner’s basic fundamental and human rights when it sent him back to police custody after finding out that he had been tortured.
In the petition, Gill’s lawyers said that while in police custody, Gill was hurt in “the most humiliating and degrading ways.” The petition also said that “enough evidence was given to the learned single bench, but the Court didn’t care about any of it.”
The petition said, “Record was presented by the Adiala Jail authorities, which made it very clear that the petitioner had bruises and other injuries when he was sent to Judicial.” So, the decision made by the learned Islamabad High Court could be overturned because it goes against Articles 9 and 10A of the Islamic Republic of Pakistan’s Constitution.
The learned court made a mistake in the criminal law of the country when it sent the petitioner back to the local police without considering the medical evidence that he had been tortured while in custody. The petition said, “The Learned High Court has indirectly set a very dangerous and alarming precedent by indirectly approving a very dangerous and alarming precedent that gives police and investigation an open hand to bring back an accused person from judicial remand on weak and vague grounds and beat and torture them.”
It also said, “The report of the medical board, which was made up of senior doctors and specialists from the PIMS Hospitals to check on the petitioner’s health, confirms that the petitioner is sick with a number of diseases and illnesses.” Unfortunately, the doctors who were sent to check on the petitioner’s health were put under pressure to say that he was healthy. Even so, the report said that he had serious health problems.
After hearing the lawyers’ arguments against the 48-hour physical remand of PTI leader Gill, an Islamabad court gave police custody of Gill until August 24.
Later, a local court in Islamabad denied the Islamabad police’s request to extend Gill’s physical remand, and the leader was sent to jail on judicial remand.
Gill was arrested on August 9 after the Kohsar police station in the federal capital filed a sedition case against him because of his controversial comments about the military. The next day, he was brought before a judge, and on August 12, he was sent to jail on judicial remand.
But on August 12, the police went to the IHC to appeal the magistrate’s decision to send Gill to judicial remand. The IHC ruled in favor of the police, and the judicial magistrate was told to hear the police’s review appeal.
