IHC seeks more arguments from govt lawyer in Shahbaz Gill case

Issues notice to PTI leader directing him to submit reply by tomorrow: Gill files plea in IHC seeking quashment of sedition case against him

By: 24 News
Published: 10:56 AM, 15 Aug, 2022
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The Islamabad High Court has issued a notice to PTI leader and Imran Khan’s chief of staff Shahbaz Gill on the government plea seeking his physical remand while asking the government lawyer to present arguments on the maintainability of the petition, reported 24NewsHD TV channel.

IHC Acting Chief Justice Amir Farooq on Monday heard the government petition which challenged the lower court’s decision of sending Gill on judicial remand while rejecting its plea for extension in his physical remand.

Islamabad Advocate General Jehangir Jadoon appeared before the court on behalf of government. The investigation officer of the case also appeared before the court. 

The judge asked the AG to tell the court at which stage the case was? The law officer informed the court about the decision of the lower court. He said that Gill targeted the state institutions in one of his interviews with a private TV channel. The institutions, which the PTI leader, berated have made so many sacrifices for the country and they are venerated and held in high esteem, the AG added. 

The court said that the sessions court had rejected the government review plea for physical remand. It asked the petitioner’s lawyer to first present arguments in favour of the maintainability of the petition. 

The lawyer citing several court judgements contended that the petition against the decision of the judicial magistrate was suitable to be heard.

He said that police were yet to recover mobile phone and other devices from the possession of the accused, that’s why they needed his further physical remand. 

However, the court asked lawyer Rizwan Abbasi to give arguments as why he wanted extension in the physical remand of the accused. 

After that, the court issued a notice to Shahbaz Gill directing him to submit his reply till tomorrow.  

Government on Saturday submitted a petition to the Islamabad High Court challenging the rejection of their appeal for Gill’s physical remand by a magistrate court on Friday.

The petition requested the IHC to declare the decision of the lower courts pertaining to granting the judicial remand of Gill null and void.

On Friday, the magistrate court rejected the government petition seeking physical remand of the PTI leader. But the government later filed a review plea against the decision which was again rejected by the court and it sent Gill to jail on judicial remand.

Gill was arrested last Tuesday afternoon from Banigala Chowk in the capital a day after making controversial remarks on a private TV channel. He was subsequently booked on charges of sedition and inciting members of state institutions against the Pakistan Army.

A treason case was registered against him at the Kohsar Police Station under several sections of the Pakistan Penal Code, including 124-A (sedition), 131 (abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty), 153 (wantonly giving provocation with intent to cause riot if rioting be committed; if not committed), 153-A (promoting enmity between different groups, etc), and 505 (statements conducing to public mischief), 506 (punishment for criminal intimidation), among others.

Gill files plea in IHC seeking quashment of sedition case against him 

Meanwhile, detained PTI leader Shahbaz Gill on Monday filed a petition in the Islamabad High Court seeking quashment of a sedition case against him beseeching that the case is based on mala fide intention.

The petition has been fixed for hearing tomorrow and IHC Acting Chief Justice Amir Farooq will hear the case. 

The PTI leader petitioned that the case against him was illegal and was based on mala fide intention. He said police only registered the case against him to show their loyalty to the current rulers and to further government’s political agenda. 

He said he found no way out except to knock at the door of the high court to protect him from the highhandedness of the rulers. 

Gill requested the court to accept his plea for dismissal of the case against him. 

Gill’s bail plea hearing adjourned till tomorrow 

On the other hand, an Islamabad court heard Shahbaz Gill’s petition seeking his post-arrest bail. 

Additional Sessions Judge Zeba Chaudhry heard the case. 

At the outset of the hearing, Gill’s lawyer Faisal Chaudhry pleaded with the court to issue its judgement on the case today as his arguments were complete. But the judge said that a similar case was sub judice in the Islamabad High Court. 

On which, the lawyer argued that the IHC case was related to the decision of the magistrate court but this case was different and the sessions court could hear it. 

He further contended that no one could keep a person in jail without any reason saying that the government wanted to delay the case. 

But the prosecutor objected and wanted the court to adjourn the case. 

However, the judge adjourned the hearing till 2pm after directing police to bring the record before the court by that time.

Faisal Ch said that he was ready to give more arguments after the production of the police record.

DSP Legal Hassan Raza was also present in the court. 

But the police did not bring the record before the court till 2pm today and after its resumption, the court adjourned the case hearing till 12:30pm tomorrow. 

Reporter Ehtisham Kiyani