The court has declared arrests of PTI leaders Fawad Chaudhary, Shireen Mazari and Senator Falak Naz under Section 3 of the Maintenance of Public Order (MPO) were illegal.
ISLAMABAD: (UrduPoint/Pakistan Point News-May 16th, 2023) The Islamabad High Court (IHC) ruled on Tuesday that the arrests of Pakistan Tehreek-e-Insaf (PTI) leaders Fawad Chaudhry, Shireen Mazari, and Senator Falak Naz under Section 3 of the Maintenance of Public Ordinance (MPO) were "illegal."
Justice Mian Gul Hassan Aurangzeb's court issued orders to release the PTI leaders during separate pleas presented before the court.
During the hearing concerning Fawad Chaudhry, Islamabad Advocate General Barrister Jahangir Jadoon appeared before the single-judge bench.
The advocate general informed the court that the order copy was not provided to the IG office and law officers, and there was no biometric verification of the PTI leader as requested in the petition.
The judge reprimanded the lawyer, reminding him that he was not the judge, and it was the court's responsibility to verify the biometrics.
The advocate general argued that Fawad Chaudhry had not been arrested in any case. If an arrest had been made under a case, he would have been required to be presented in court.
Barrister Jadoon further argued that Fawad Chaudhry's conduct should demonstrate whether he is a peaceful citizen or not. He mentioned the financial losses incurred by the nation during the incidents on May 9.
Justice Aurangzeb clarified that the court did not prohibit authorities from taking action regarding those incidents.
However, Jadoon pointed out that the court had mentioned the MPO separately when stopping Imran Khan's arrest. If the arrest had only been stopped in specific cases, it could have been made under the MPO.
The court questioned who had suggested that the arrest could be made under the MPO.
The advocate general responded that no one had advised them, but they were unaware of the court order prohibiting the arrest.
The government lawyer presented a tweet by Fawad Chaudhry, posted on May 10, which contained a video of the PTI leader inciting workers to join the protests.
The government lawyer argued that Fawad Chaudhry, in his tweet, had encouraged PTI workers to participate in protests following Imran Khan's arrest.
In response to this point, Babar Awan argued that the deputy commissioner must be aware of the high court's order regarding the arrest by now. He requested the court to extend its order prohibiting authorities from arresting Fawad, allowing his client time to contact the relevant court.
The court inquired whether the police had presented any documents to the PTI leader at the time of his arrest.
Awan stated that when the order was read, the police officer claimed not to understand English. He further added that his client was arrested based on non-existent material.
Justice Aurangzeb responded that the incidents that occurred after Imran Khan's arrest should be taken seriously.
He questioned whether Fawad Chaudhry, being an important person and a former Federal minister, wasunaware of the potential mob in Pakistan.
The judge asked, "When Fawad asked people to come out, did he expect only law-abiding citizens to respond?"
Regarding the district magistrate's role in issuing the detention order, Justice Aurangzeb asked what should be done if the order was not passed.
The court clarified that Fawad was summoned to be released, but it had not seen the material shared by the advocate general on that day.
