Judge denies physical custody of lawyers to police
By A Reporter
RAWALPINDI, Nov 20: A special magistrate sent two lawyers to the Central Jail Adiala on judicial remand for 14 days, here on Tuesday and deferred hearing in their bail plea till Wednesday. They were arrested last Saturday for holding anti-emergency protests.
Magistrate Muhammad Iqbal turned down the police request for physical remand of senior lawyer Chaudhry Tofiq Asif and joint secretary District Bar Association (DBA), Shahbaz Rajpoot.
They were produced in court on the charge of theft, preparing to cause death or hurt in order to commit theft or riot, armed with deadly weapons.
The police sought physical remand of the accused, stating they wanted to recover the nameplate of a district and sessions judge (DSJ) that some lawyers had stolen over two-and-a-half-years ago in March 2005. Asad Raza, the DSJ at the time, had allegedly developed differences with the DBA, which resulted in the lawyers protest.
The defence lawyer, Sardar Ishaq, contended that police had no record regarding any order or law that would seal an FIR and later unseal it when convenient. The case was registered two years ago but no one was nominated in the FIR.
The police were asked why they wanted to pitch judges against the lawyers. Denying the physical custody, the magistrate sent the two accused to the Adiala Jail and said he would take up the bail application on Wednesday.
The two lawyers were arrested on Saturday when they left the district courts after participating in anti-government protests. They have been on the forefront in demonstrations after the proclamation of emergency, when their leaders were detained.