LAHORE: A Lahore High Court division bench on Wednesday directed the investigating officer (IO) of Sarwar Road police to submit complete record of the Jinnah House attack case against PTI Punjab president Dr Yasmin Rashid.
The bench comprising Justice Syed Shahbaz Ali Rizvi and Justice Waheed Khan was hearing an appeal of the Punjab caretaker government, challenging a trial court decision of discharging Dr Rashid in the case.
Additional Prosecutor General Khurram Khan and Special Prosecutor Farhad Ali Shah appeared on behalf of the provincial government.
The prosecutors told the bench that the police sought a 14-day physical remand of Dr Rashid from an anti-terrorism court (ATC) to conduct her photogrammetric test, voice match and recover her mobile phone(s) to determine her role in the May 9 attack.
However, they said, the trial court not only rejected the request but also discharged the case against the PTI leader.
The prosecutors argued that the trial court passed the impugned order ignoring facts of the case.
The bench told the prosecutors that the police application for the PTI leader’s remand appeared to be incomplete.
Justice Rizvi observed that the IO did not write in his report the reasons for arresting Dr Rashid.
The bench ordered the IO to produce a complete record of the case today (Thursday).
The government’s appeal said ample evidence had been collected by the police to establish the offence against the suspect.
The prosecution alleged that the PTI leader had led a mob to attack the Jinnah House, the residence of the corps commander of Lahore.
It asked the court to set aside the trial court’s order and allow the police physical remand of Dr Rashid to complete the investigation into the case.
Discharging the case, ATC Judge Abher Gul Khan had observed that the case record revealed that the suspect was neither nominated in the FIR, nor involved through supplementary statements.
The judge noted that Dr Rashid was summoned in the case on the basis of the disclosure by a co-suspect, which had no evidentiary value in the eyes of law.
NOTICES: The Lahore High Court on Wednesday issued notices to the caretaker government on a petition by the wife of PTI Senator Ijaz Chaudhry, seeking provision of basic facilities to her husband in the jail.
Justice Waheed Khan directed a law officer to submit replies on behalf of the Punjab chief secretary and the jail officials by June 9.
Petitioner Salma Ijaz contended through a counsel that her husband was an elderly person with medical history. She said the PTI leader was on judicial remand in cases related to the May 9 events.
She pleaded that the authorities were not allowing the senator to meet his family, receive medicines and home-cooked food.
She asked the court to order the jail officials to provide the PTI leader all facilities he was entitled to under the law.
Published in Dawn, June 8th, 2023