During a hearing at the Islamabad High Court, Chief Justice Aamir Farooq expressed sharp remarks regarding the arrest and remand of PTI leaders following a rally. He pointed out the irregularities and comedic tone in the First Information Report (FIR) filed by the authorities, questioning the grounds on which extended physical remands were granted.
Background:
The Islamabad High Court, led by Chief Justice Aamir Farooq and Justice Taman Rifat Imtiaz, heard several petitions concerning the physical remand of PTI leaders arrested after a political rally. The court had previously suspended the remand decisions, and this hearing was to further assess the legal process surrounding these arrests.
Key Remarks by Chief Justice Aamir Farooq:
Chief Justice Aamir Farooq highlighted several anomalies in the handling of the remand cases. He observed that the physical remand orders were uniformly granted for eight days, which he found unprecedented. Normally, remands are given for shorter durations, typically two days, after which a review is conducted.
In this case, the court had to evaluate what led to the decision of an extended remand, which was perceived as excessive and without sufficient justification.
Laughter in Court Over the FIR:
The courtroom was filled with laughter as the Chief Justice remarked on the contents of the FIR, describing it as an “interesting” and even “comedic” piece of writing. He found it amusing that the FIR suggested that a well-known individual like Shoaib Shaheen, a senior lawyer, was involved in pulling out a pistol—something the Chief Justice found absurd given Shaheen’s reputation.
The Chief Justice commented that the FIR seemed like a “good comedy” and could even inspire a film, reflecting his disapproval of the allegations it contained.
Concerns About the Remand Process:
Chief Justice Aamir Farooq further emphasized the unusual nature of the eight-day remand granted to the PTI leaders. He questioned why such an extended period was necessary, especially since four days had already passed, and there had been sufficient time for investigations. According to the Chief Justice, the remand orders should have been scrutinized more closely.
Additionally, the Prosecutor General mentioned that batons and pistols had been recovered from the accused individuals, including Sher Afzal Marwat, but these allegations were dismissed as “ridiculous” by the Chief Justice, who found no justification for an eight-day remand based on such claims.
Legal Precedents:
The defense lawyer, Qazi Adil, referenced a Supreme Court judgment in the Wahab Al Khairi case, which provides legal guidance on such matters. He argued that the petition for bail in the Anti-Terrorism Court had been delayed, to which Chief Justice Aamir Farooq assured him that the court would issue a short order to facilitate relief.
After hearing the arguments, the Islamabad High Court reserved its decision on the remand petitions and promised to release a short order to clarify the next steps. The court’s critical stance on the FIR and the physical remand process sheds light on the importance of transparency and legal adherence in politically charged cases.
