IHC declares arrest of PTI's Shehryar Afridi ‘unlawful and void’

Pakistan Tehreek-e-Insaf person Shehryar Afridi. — Radio Pakistan/File  

The Islamabad High Court (IHC) connected Monday declared arsenic “unlawful and void” the apprehension of Pakistan Tehreek-e-Insaf (PTI) elder person and erstwhile authorities curate for interior Shehryar Afridi by the Islamabad police.

Afridi on with his woman was picked up connected May 16 from his residence successful Islamabad nether Section 3 of Maintenance of Public Order (MPO) Ordinance 1960, which enables the authorities to apprehension persons “acting successful immoderate mode prejudicial to nationalist safety”. His wife, however, was released aboriginal connected the orders of the IHC.

On May 30, Afridi was concisely released connected completion of his “house arrest” play nether the MPO. The constabulary arrested him soon aft being released from Rawalpindi’s Adiala jailhouse arsenic the Rawalpindi lawman commissioner had extended Afridi’s location apprehension nether MPO for different 15 days.

In the meantime, a petition was filed successful the IHC challenging his apprehension and seeking amended facilities for the erstwhile authorities minister.

After proceeding arguments from some sides, IHC justice Arbab Muhammad Tahir, successful his verdict, said: “The detention orders issued by the District Magistrate, Islamabad nether the MPO against the Petitioners was a effect of arbitrary workout of jurisdiction, excessive usage of lawful authorization and issued without applying judicious mind.”

“The said detention orders, therefore, cannot beryllium validated by this tribunal and are, therefore, declared unlawful and issued portion excessively utilizing his lawful authorization by the District Magistrate, ICT,” it added.

Afridi volition beryllium deemed to person been arrested successful the transgression lawsuit registered against him, the justice noted and directed the constabulary to nutrient him earlier the judicial magistrate successful Islamabad forthwith.

In summation to this, the IHC ordered the Margalla constabulary to instrumentality the mobile telephone of Afridi’s wife, which was taken into custody by the constabulary officials during her arrest.

The behaviour of the territory magistrate and the Incharge Police Station Margalla successful the lawsuit was “deprecated”, observed the court.

“In lawsuit the petitioner is not produced earlier the tribunal of competent jurisdiction astatine Islamabad till 07.06.2023, the petition seeking initiation of proceedings nether the Contempt of Court Ordinance shall basal revived and the respondents shall look successful idiosyncratic to explicate arsenic to wherefore contempt proceedings whitethorn not beryllium initiated against them for misleading this Court successful bid to hinder the people of justice,” warned the judge.