Pakistan
Pervez Elahi’s arrest: LHC issues show-cause notice to Islamabad IG for contempt of court
Justice Amjad Rafiq of the Lahore High Court (LHC) emphasizes the purpose behind summoning them, which was to shed light on the facts surrounding the case.
Lahore: Lahore High Court (LHC) took significant legal action on Monday by issuing a show-cause notice for contempt of court against Islamabad Inspector General (IG) Dr. Akbar Nasir Khan.
This development unfolded during a hearing concerning the appearance of PTI President Parvez Elahi in court.
Justice Amjad Rafiq, presiding over the LHC's proceedings, summoned two prominent figures to the courtroom – Punjab Inspector General Dr. Usman Anwar and Lahore Capital City Police Officer (CCPO) Bilal Siddique Kamyana.
The legal plea in question listed several respondents, including the Punjab police chief, CCPO, the caretaker government of Punjab, the provincial home secretary, DIG investigation, DIG operations, and SP Model Town.
It specifically requested the respondents to be directed to produce Elahi in court, assuring the petitioner that her husband was not in illegal custody. Additionally, it sought Elahi's release if the court determined that he was in "unlawful custody."
At the onset of the hearing, the court ordered IG Anwar and the CCPO to appear in person by 11 am, but the government's legal representative requested an extension until 2 pm. Justice Rafiq responded by observing, "If the IG fails to appear, the court will issue an order."
Subsequently, IG Anwar and Punjab Advocate General (AG) Khalid Ishaq presented themselves in court, albeit a little after 2 pm. Addressing them, Justice Rafiq emphasized the purpose behind summoning them, which was to shed light on the facts surrounding the case.
AG Khalid Ishaq clarified that he bore no responsibility for the actions of Islamabad police, asserting, "I am only responsible for any contempt committed by my team." He expressed his commitment to conduct a thorough investigation into the matter and requested additional time from the court to provide a detailed response.
When inquired about the whereabouts of Elahi, both IG Anwar and AG Ishaq claimed to have no information on the matter. The Punjab IG suggested that the Islamabad police might possess information regarding Elahi's location. The judge noted that Elahi was being held in Attock jail.
Elahi's lawyer, Latif Khosa, contested the statement made by the Punjab IG, characterizing it as "based on lies." Nevertheless, the IG persisted in asserting that the Punjab police were unaware of Elahi's whereabouts.
Following these proceedings, the court issued a notice to the Islamabad IG, seeking an explanation from him as to why contempt proceedings should not be initiated against him. Furthermore, the court directed the relevant district and sessions court judge to appear in court along with Elahi.
In a separate contempt plea, the LHC sought responses from Lahore Deputy Inspector General (DIG) Investigation Imran Kishwar and DIG Operations Ali Nasir Rizvi. This plea was filed by Qaisara, who accused the officials of flouting court orders and arresting her husband. The judge instructed the officials to submit their responses in court by 2 pm.
Prior to these developments, Qaisara's lawyer, Tariq Nasrullah Warraich, detailed his presence alongside PTI President Elahi on the day of his arrest. Warraich recounted how the police had attempted to intercept Elahi's car on Mall Road and later encountered a group of "300 masked men" who blocked their path near Canal Road.
In response to the judge's inquiry about whether the route was cleared in advance, Warraich mentioned that around "40 to 50" cars were tailing them. He further explained that three cars, occupied by individuals in civilian clothing, forcefully halted Elahi's vehicle.
The Punjab IG reassured the court that both officers would appear before it when they returned.
This legal saga unfolded following Elahi's re-arrest by Islamabad police near his residence last Friday. This occurred shortly after the LHC had ordered his release and issued a restraining order against any potential arrest by a law enforcement agency or preventive detention.
During this incident, an Islamabad police team, with the assistance of Lahore police, intercepted a white SUV in which Elahi and lawyer Sardar Latif Khosa were traveling. They subsequently transferred Elahi to a white vehicle that lacked a license plate. The video footage of this arrest quickly went viral on social media platforms and garnered condemnation from various quarters, including the Pakistan Bar Council.
The Islamabad police clarified that the former chief minister was taken into custody under Section 3 of the Maintenance of Public Order. In response to his re-arrest, Elahi approached the Islamabad High Court to secure his release. Meanwhile, his wife, Qaisara Elahi, filed two pleas in the LHC. These pleas sought directives for relevant authorities to present Elahi in court and initiated contempt proceedings against Punjab police officials on grounds of "wilful disobedience."