LAHORE: A special court on Wednesday took exception to the shifting of former chief minister Parvez Elahi from Lahore to Rawalpindi jail without its permission and issued show cause notices to the Punjab secretary for home, the inspectors general of the police and the prisons.

Judge Bakht Fakhar Behzad also imposed a fine of Rs50,000 on each officer in addition to an order for the attachment of their salaries.

At the outset of a money laundering case against Mr Elahi, the judge asked the police and the jail officials about the absence of the suspect, who is on judicial remand. DIG Operations Ali Nasir Rizvi told the court that Mr Elahi had been shifted to Adiala jail following his detention order issued under the Maintenance of Public Order (MPO).

He said a police team reached Adiala jail to bring Elahi to Lahore for the court’s appearance, but the superintendent of the jail refused to hand over his custody due to the detention orders.

Ex-CM’s ‘illegal’ shifting from Lahore to Adiala jail irks judge

The judge expressed his displeasure over the shifting of the suspect to another district without the court permission. He ordered the police chief to produce Mr Elahi before the court by 3pm, but the IGP failed to comply with the order. At this point, the judge issued show cause notices to the IGP as well as Punjab prisons and home secretary to explain their positions on how they dared to shift the custody of the suspect without court’s permission. The court also summoned all the three officials in person on Aug 5.

In his written order, Judge Bahzad observed: “This grim scenario burns into my judicial consciousness.” He said the moral emerging from the present situation is that if now freedom of one forlorn person falls to the police, tomorrow the freedom may fall elsewhere with none to whimper unless the court process invigilates in time to the police before it is too late.

The judge noted this futuristic thought is triggered off by the present situation that the under-trial prisoner has been made hostage by the three officials, which discloses a shocking state of affairs and betrays complete lack of concern for human values. He said the situation exposed the callousness of the state that remained unmoved by such enormous miseries and suffering resulting from totally unjustified deprivation of the constitutional as well as legal rights of under-trial prisoners.

He observed, “It is difficult for me to understand how the state remained oblivious to the continued incarceration of under-trial prisoners without being produced before the court.

“I also find to see how the detention of accused Ch Parvez Elahi can be justified?” Judge Bahzad noted. He observed that the unfortunate situation cries aloud for taking a stern action against the responsible but so far these cries do not seem to have awakened any responsible.”

The judge directed the Accountant General of Punjab to deduct the amount of the fine from the salaries of the three officials. The judge also ordered that salaries of the officials shall remain stopped till the compliance of the order.

Since an incomplete challan (investigation report) has been previously filed by the investigating officer, the judge ordered the IO to submit a complete challan on the next hearing or face proceedings under the law.

The FIA had registered a money laundering case against Parvez Elahi, his son Moonis Elahi and others.

Published in Dawn, July 27th, 2023