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• Govt objects to repeal of prison rules for PTI founder
• Imran booked in 54 cases across Punjab, LHC told
LAHORE/ISLAMABAD: An anti-terrorism court (ATC) on Tuesday disposed of pre-arrest bail petitions of eight PTI activists in the case regarding an attack on the Lahore corps commander’s residence after police declared them innocent in the investigation.
ATC-I Judge Manzer Ali Gill was hearing the bail petitions of 32 activists when a prosecutor stated that a joint investigation team (JIT), formed to probe the May 9 incidents, had exonerated eight of the petitioners for lack of evidence.
At this, the lawyer for the activists sought the court permission to withdraw their bail petitions.
The judge adjourned the bail petitions of other activists till Dec 11 and 13, asking them to join the JIT investigation.
The judge allowed the request and disposed of the petitions of Tanzila Imran, Rizwana Ghazanfar, Makiya Saeed, Shahbaz Amir Ali, Farooq Ahmad, Usman Naveed, Zirk Khan and Mian Ahmad Rehman.
Sarwar Road police of Lahore had registered a case against PTI leaders and workers for attacking the Lahore corps commander house, also known as Jinnah House, on May 9 last year.
Separately, ATC-III Judge Arshad Javed adjourned the hearing of post-arrest bail petitions by the PTI leaders, including Shah Mahmood Qureshi, Dr Yasmin Rashid and Mian Mehmoodur Rasheed, in May 9 cases.
The judge directed the petitioners’ lawyers to conclude their arguments on the next hearing; otherwise, the petitions would be decided on the basis of police record.
The judge postponed the pleas of Rasheed till Nov 12, Dr Yasmin till Nov 13 & 16, and Qureshi till Nov 19.
The bench, comprising Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz, issued a notice to Advocate Sher Afzal Marwat on whose petition the section was set aside, seeking his response.
Prison rules
Meanwhile, a two-member division bench of the Islamabad High Court (IHC) took up the petition of the chief commissioner Islamabad against setting aside of Section 265 of the Punjab Prison Rules that prohibits political discussion during prisoner meetings with visitors.
The plea contested Justice Sardar Ejaz Ishaq Khan’s verdict, which had struck down Section 265.
Advocate General Islamabad Ayaz Shaukat argued that the IHC lacked jurisdiction to intervene in Punjab’s laws and maintained that the single bench did not have the authority to nullify provisions in the Punjab Prison Rules.
Chief Justice Farooq asked, “So, you are saying that the Islamabad High Court cannot interfere in any provincial law?”
Justice Imtiaz noted that the Punjab Prison Rules are also applicable to prisoners in Islamabad, suggesting an overlap in jurisdiction.
The CJ inquired whether a formal notice under Section 27A was issued to the attorney general or the advocate general by the single bench, a requirement before declaring any law invalid.
While the advocate general said he had been summoned, he acknowledged that a formal notice was not issued.
Advocate General Shaukat requested the immediate suspension of the single bench’s decision, but Chief Justice Farooq scheduled a formal hearing for the next week.
Justice Farooq Haider was hearing a petition filed by Imran’s sister, Noreen Niazi, challenging the non-disclosure of the cases’ details against her brother.
Cases against Imran
Also on Tuesday, Punjab Police told the Lahore High Court that 54 criminal cases, including those related to May 9, had been registered against PTI founding chairman Imran Khan in different cities of the province.
An additional advocate general presented a report on behalf of the inspector general of police, revealing that 21 cases were registered in Lahore, 19 in Rawalpindi, seven in Sheikhupura, five in Faisalabad and one each in Gujranwala and Mianwali.
The cases include attacks on the Jinnah House, Askari Tower at Liberty Roundabout, General Headquarters in Rawalpindi and office of an intelligence agency in Faisalabad. A law officer for the Federal Investigation Agency (FIA) sought additional time to provide details of the cases, if any, against Imran Khan.
The judge allowed the request and adjourned further hearing till Nov 20.
Published in Dawn, November 13th, 2024
