LAHORE: The Lahore High Court (LHC) on Wednesday dismissed a petition for recovery of Pakistan Tehreek-e-Insaf (PTI) leader Fawad Chaudhry.
Justice Tariq Saleem Sheikh heard the habeas corpus petition filed by a cousin of the PTI leader for his recovery.
During the proceedings, the petitioner’s counsel argued that Fawad Chaudhry was not produced despite the court orders. He contended that it was a clear violation of court orders. Why did the police party leave for Islamabad despite the court orders, he questioned.
However, Inspector General of Police Punjab Usman Anwar, who appeared on being summoned, submitted that no court orders were violated. He submitted that Fawad Chaudhry was not in the custody of the Punjab police but in the custody of Islamabad police. Due to weak signals, no contact could be established with the Islamabad police, he added.
At this stage, Additional Advocate General Punjab Jawad Yaqoob presented a copy of the FIR registered against Fawad Chaudhry at Kohsar police station, Islamabad. He submitted that Islamabad police approached the police station concerned and arrested the PTI leader from Lahore on the basis of the FIR. He submitted that a local court granted transit remand of Fawad Chaudhry after hearing arguments of the parties.
He submitted that Fawad Chaudhry was not a detainee as his counsel appeared before the local court and advanced arguments during proceedings. He contended that the administration did not have any ill intentions and Fawad Chaudhry was arrested in accordance with the law.
To which, the petitioner’s counsel submitted that Fawad Chaudhry was not produced before the court despite repeated orders. He submitted that the police did not produce Fawad Chaudhry due to malafide.
To a court query, he submitted that the court should declare the arrest of Fawad Chaudhry illegal.
At this, the court observed that the police arrested the PTI leader and obtained a transit remand from court in accordance with law. What was illegal in the process, it questioned.
The court further observed that the petitioner could approach the Islamabad High Court for quashing the case. “If this case had been registered in Punjab, then we could have judged whether it was lawful or not,” it added.
Subsequently, the court dismissed the petition filed for recovery of PTI leader Fawad Chaudhry.
Earlier, the court heard the matter at different occasions in the day and ordered to produce Fawad Chaudhry and summoned the inspector general of police Punjab and inspector general of police Islamabad.
The petitioner, through his petition, had sought direction for recovery of Fawad Chaudhry. He submitted that the police had illegally arrested Fawad Chaudhry as there was no case against him.
It is pertinent to mention here that Islamabad police arrested PTI leader Fawad Chaudhry from outside his residence in the wee hours of Wednesday and obtained his transit remand from a court in connection with a case registered on the complaint of Secretary of the Election Commission Umar Hameed.
The FIR had been registered under sections 153-A (promotion of enmity between groups), 506 (criminal intimidation), 505 (statement conducing to public mischief) and 124-A (sedition) of the Pakistan Penal Code.
The complainant had stated that Fawad Chaudhry – in a media talk outside PTI chairman Imran Khan’s house, threatened the Election Commission.
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