IHC sends back govt plea seeking Gill’s physical remand to lower court

Asks sessions court to decide the case today: Adjourns hearing on PTI leader's plea for FIR cancellation till next week

By: News Desk
Published: 11:15 AM, 16 Aug, 2022
IHC sends back govt plea seeking Gill’s physical remand to lower court
Caption: File photo.
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The Islamabad High Court on Tuesday accepted the advocate general office’s petition challenging the lower court’s decision which granted judicial remand of the PTI leader Shahbaz Gill in a sedition case, reported 24NewsHD TV channel.

The court in its order reserved earlier today accepted the maintainability of the petition and sent the matter back to the sessions court

It directed the sessions court to fix the hearing of the AG office plea today and decide the case. 

Earlier, the Islamabad High Court reserved its judgement on the maintainability of the petition filed by the government against the session’s court’s decision which rejected the government’s plea against the decision of judicial magistrate. 

IHC Acting Chief Justice Aamir Farooq heard the petition submitted by Advocate General Office. After hearing arguments by the lawyers, the judge reserved his decision. 

Justice Farooq asked the law officer to explain as how the plea was maintainable against the decision of the judicial magistrate. He observed that when the accused was already sent on judicial remand then there should not be an issue. 

It’s a serious matter to send the accused on physical remand, the judge remarked adding that it seemed that there was sessions court forum available that could supervise the matter.

The sessions court can decide whether the judicial magistrate has given a wrong judgement or not, the judge said.

Government on Saturday submitted a petition to the Islamabad High Court challenging the rejection of their appeal by the lower court against the judicial magistrate's decision.

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.

IHC adjourns hearing on Gill’s plea for FIR cancellation till next week 

The Islamabad High Court was told that the sedition case against PTI leader Shahbaz Gill was based on mala fide intention as prior approval of government was not sought for inserting sections under which the case was registered.

Gill’s lawyer Shoaib Shaheen told the court that the case against his client was registered in bad faith as approval of inserted sections pertaining to sedition and incitement charges was not sought by the government. 

IHC Acting Chief Justice Aamir Farooq heard the petition. 

The transcript of Gill’s statement was presented in the court

The lawyer said that a particular part of Gill’s speech was taken out of context. He said so many government ministers used even harsher language than Gill’s statement. 

The petition has made Islamabad IG police, SSP and SHO of Kohsar police station respondents in the case. 

The court, however, adjourned the case till next week.

Reporter Ehtisham Kiyani