LHC dismisses ‘inadmissible’ plea to recover Fawad Chaudhary

Court informed that Islamabad police had arrested Fawad and taken transitory remand of the PTI leader
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LAHORE:The Lahore High Court (LHC) on Wednesday dismissed a plea to recover arrested Pakistan Tehreek-e-Insaf (PTI) leader Fawad Chaudhry, terming the case “no longer admissible”.LHC’s Justice Tariq Saleem was hearing a plea seeking Fawad’s recovery from the “illegal and unlawful confinement” by Punjab’s Counter-Terrorism Department (CTD).Police failed to produce the PTI leader in court after which the LHC summoned the inspectors general of Punjab and Islamabad to determine which force had taken Fawad into custody.Fawad Chaudhry was arrested in the wee hours of the day on charges of sedition and “inciting violence against a constitutional institution”.But, later in the evening, the inspector general of Punjab police told the court that Islamabad police had taken Fawad into custody and had taken transitory remand of the PTI leader.A magisterial court in Cantt Lahore approved Fawad’s transitory remand to the Islamabad police hours after the capital’s Kohsar police arrested him from the provincial capital.

Given the information, the LHC ordered that the plea was no longer admissible as the PTI leader’s detention was not illegal.
During the earlier round of proceedings today, the court ordered the Islamabad police to produce Fawad Chaudhry in court even if he has “reached Islamabad or is on the motorway”.
However, the capital police refused to do so as confusion persisted about whether the provincial government or the federal government has been made a party to the case.
Justice Tariq Saleem Sheikh, irked by the reply, said he “knows how to ensure court orders are implemented” and ordered the police to produce the PTI leader in LHC even if he has “reached Islamabad or is on the motorway”.
The petitioner’s counsels barrister Muhammad Ahmad Pansota and advocate Azhar Siddique told the court that Fawad was being taken towards the motorway rather than producing him before the court and added that it was tantamount to committing contempt of court.
After an interval, as the court resumed proceedings, law officer Jawad Yaqoob started his arguments to which Justice Sheikh remarked that he will listen to his arguments after the order has been complied with
Finally, Justice Sheikh summoned IGPs of Islamabad and Punjab by 6 pm today at LHC and also directed them to produce Fawad before the court.
Earlier in the day, the Cantt Lahore’s magisterial court approved Fawad’s transitory remand to the Islamabad police hours after the capital’s Kohsar police arrested him from the provincial capital.
A first information report (FIR) was registered in the Kohsar police station against Fawad on the complaint of Election Commission of Pakistan (ECP) Secretary Umar Hameed for “inciting violence against a constitutional institution”.
The FIR was registered under sections 153-A (promotion of enmity between groups), 506 (criminal intimidation), 505 (statement conducing to public mischief) and 124-A (sedition) of the Pakistan Penal Code.

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