The Lahore High Court (LHC) on Monday directed the authorities to submit the record of proof that led to the arrest of Pakistan Tehreek-i-Labaik (TLP) chief Khadim Hussain Rizvi.
A two-member bench, headed by Justice Mohammad Qasim Khan, was hearing bail petitions filed by Rizvi and Pir Afzal Qadri.
The high court also ordered the concerned SP Investigation and the investigation officer on the case to appear before the court in all consequent hearings of the case.
The petitioners held the Punjab government and others as party in their bail plea.
The counsel for Rizvi contended that police arrested him on the bases of an "illegal" case. The allegation of incitement to violence against the TLP chief was baseless, he added.
During the hearing, Justice Qasim pointed out that in the last hearing, the prosecutor general was asked to appear before the court. Deputy Prosecutor General Khurrum Khan, who was present in the court room, responded that the prosecutor general was in Islamabad and that he had transferred the case to the deputy.
The judge said that the prosecutor general should have appeared before the court when was directed to do so.
The counsel for the petitioner said that the TLP leaders had been accused of issuing statements against the Pakistan Army and the judiciary. The defendant was also accused of delivering fuming speeches against the release of Aasia Bibi, he added, while rejecting the allegation.
Justice Qasim asked if the the Constitution has clauses against speaking up against institutions. "Doesn't this merit the filing of a treason case, if a clause of the Constitution is violated," the judge asked.
The counsel for Rizvi added that the Pakistan Tehreek-i-Insaf (PTI) itself had staged sit-ins and the media had shown the same. At this point, Justice Qasim Khan said that the court will not take notice on media reports. "We will make a decision of the basis of what is in the file," he said.
Rizvi's counsel further said that the case against the TLP leader Rizvi was lodged on Nov 23, 2018 and he was arrested on Jan 2 under the confinement order.
Justice Qasim Khan remarked that apparently police had arrested Rizvi under confinement orders instead of the case lodged against him. He also reprimanded the police officials over absence of the investigation officer.
The counsel for Rizvi further argued that police have completed the investigation and the dentition of Rizvi was illogical. He added that Rizvi has been in the jail for the last six months. He asked the court to issue bail orders for him.
The court will resume hearing the case on May 2.