LAHORE: A provincial review board comprising three judges of the Lahore High Court has observed that the act of not showing arrest of Saad Rizvi, leader of proscribed Tehreek-i-Labbaik Pakistan (TLP), in criminal cases despite his detention for over two months shows mala fide on part of police and security agencies.

The board had on July 2 turned down a Punjab government reference to extend Mr Rizvi’s detention for three more months. The board comprised Justice Malik Shahzad Ahmad Khan, Justice Aalia Neelum and Justice Sadaqat Ali Khan.

Rizvi was detained on April 12, 2021, for a period of 30 days under section 3 of the Maintenance of Public Order Ordinance 1960 on the recommendation of a district intelligence committee. The government had extended his detention twice.

The government was legally bound to seek an approval from the review board to keep custody of Mr Rizvi after expiry of the existing detention on July 10.

In a written order, the board observes that the police conceded before it that the arrest of Mr Rizvi, the detainee, has not been incorporated in several FIRs registered against him at different police stations.

“The detenue is under the custody of police/security agencies for last two months and 20 days, but even then his arrest has not been shown in any of the criminal cases registered against him, which shows mala fide of the police/security agencies,” the board writes in the detailed order.

The board observes that the arrest of the detainee has not been shown in the FIRs apparently to prolong his detention.

“Although learned law officer and representatives of different departments of the government of Punjab have relied upon different reports of the security agencies annexed with the present reference, we have noted that no tangible evidence to support the said reports is available on record except the FIRs,” the members of the board note.

The board further observes that except Rizvi no other person nominated in the FIRs has been arrested or detained by the government.

Referring to an agreement reached between the banned TLP and the government on the expulsion of French ambassador, the board notes that the government, on the one hand, itself agreed to get the issue decided regarding the expulsion of the diplomat from Pakistan through legislation in the parliament and on the other hand it has been seeking extension in the detention of Rizvi on the ground that he has been demanding the fulfillment of the agreement.

“It is, therefore, clear that through the instant reference, the government has been blowing hot and cold at the same time and as such there is no substance in the above mentioned ground,” the board remarks.

The members of the review board observe that they came to an irresistible conclusion that the material produced before them is not supported by any tangible evidence justifying extension in the detention of Rizvi and grounds taken by the government are totally based on mere apprehensions of the security agencies.

The detention of Rizvi had come after his organisation (TLP) staged sit-ins across the country demanding the government to expel the ambassador of France in the wake of blasphemous cartoons issue. The protesters had turned violent and attacked the police personnel. Dozens of TLP workers were also arrested.

Published in Dawn, July 9th, 2021