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IHC declares Elahi's detention as illegal, orders his immediate releaseBreaking

September 05, 2023

The Islamabad High Court (IHC) on Tuesday order the release of PTI President Parvez Elahi, who was arrested last week under public order laws hours after being granted bail in another case. On Friday, the Lahore High Court (LHC) had ordered that the former Punjab chief minister be released along with a restraining order against his possible arrest by any agency or preventive detention. However, hours after he was released from Adiala Jail, an Islamabad police team, assisted by the Punjab police, had intercepted a white SUV near the FCC underpass in which Elahi was travelling to his house along with lawyer Sardar Latif Khosa.

The police personnel had shifted Elahi into a white car with no licence plate. The car drove him to Islamabad. Visuals of the arrest drama had gone viral on social media.According to the capital police, Elahi was taken into custody on orders of the district magistrate under Section 3 of the Maintenance of Public Order (MPO). Section 3 of MPO empowers the government to arrest and detain suspected persons. It states: “The government, if satisfied that with a view to preventing any person from acting in any manner prejudicial to public safety or the maintenance of public order, it is necessary to do, may, by an order in writing, direct the arrest and detention in such custody and the government, if satisfied that for the aforesaid reasons, it is necessary so to do, may extend from time to time the period of such detention, for a period not exceeding six months at a time.”

Subsequently, Elahi — who was moved to Attock jail — had approached the IHC against his detention, urging the court to declare it as “patently illegal, unlawful and without lawful authority”. In a petition filed through Sardar Abdul Raziq Khan, Elahi had requested the IHC to set aside the detention order and issue directives for his release. He had cited the interior secretary, district magistrate, the Islamabad police chief and the Adiala Jail’s superintendent as respondents in the case. On Tuesday, Justice Tariq Mehmood Jahangiri took up Elahi’s plea. The court suspended the PTI leader’s detention order and also ordered his release. Further, the court also directed for Elahi to be presented at the next hearing and also ordered him to not issue any kind of statement until the next hearing.

 
Credit: Independent News Pakistan (INP)