Apex Court questions maintainability of Chaudhry Parvez Elahi’s plea

ISLAMABAD, Oct 05 (SABAH): The Supreme Court of Pakistan expressed displeasure at former Punjab chief minister and Pakistan Tehreek-e-Isnaf (PTI) President Chaudhry Parvez Elahi’s counsel Sardar Muhammad Latif Khan Khosa on Thursday for insisting that the order of the Lahore High Court (LHC) barring his arrest be implemented in a case lodged by the Islamabad Police.

A division bench headed by Justice Sardar Tariq Masood and comprising Justice Syed Mansoor Ali Shah and Ms Justice Musarrat Hilali heard the application filed by the wife of Parvez Elahi, Qaisra Ilahi against the repeated arrest of her husband on Thursday. The court directed Parvez Elahi’s counsel Sardar Latif Khosa to prepare arguments and adjourned the hearing till next week.

During the proceedings, Justice Sardar Tariq Masood questioned the maintainability of the plea and asked the counsel to explain how a high court could place a blanket ban on a certain person’s arrest. Justice Sardar Tariq Masood remarked that we are looking into the unlimited orders of the high court in bail matters, adding that the accused is not present but the bails are being granted. Justice Sardar Tariq Masood questioned how high courts are saying that someone should not be arrested in any case, according to which law the high court could stop arrests in this manner. He said that the accused should not be arrested in no other case, by following which law this decision has been issued.

Justice Sardar Tariq Masood remarked that in Islamabad, the court has issued such order, whether the courts are issuing license to kill to the accused, we and those judges have taken oath to protect the law. He said that verdict is issued that now the arrest of the accused will be made upon the permission of the court, adding that if the accused after securing bail kills two persons then the police will take no action. Justice Sardar Tariq Masood questioned whether the police while seeking pardon from the accused would seek permission from court to arrest him.

When Latif Khosa pointed to harassment by the police referring to Elahi’s arrest each time after acquiring bail, the bench questioned the jurisdiction of the LHC’s order over authorities in the Islamabad Capital Territory and pointed out that the cases were separate.

Parvez Elahi has been arrested multiple times since May 9 and remains embroiled in several criminal cases.

On July 14, a single bench of the LHC restrained law enforcement authorities from arresting Elahi in any new, blind or undisclosed case while granting him protective bail in two known cases.

However, Elahi was subsequently arrested by the National Accountability Bureau (NAB) in a previously undisclosed case and then again by Islamabad authorities under another Maintenance of Public Order (MPO).

Parvez Elahi currently remains behind bars. He is due to be produced before an anti-terrorism court in Islamabad on October 13.