MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) High Court on Monday directed the government to produce detained PTI regional president and former prime minister Sardar Abdul Qayyum Niazi before it on Tuesday, along with the relevant record of his detention.

The order was issued by a single-member bench comprising Justice Sardar Mohammad Ejaz, who also barred the authorities from handing Mr Niazi over to police in Pakistan in connection with any case registered there.

Mr Niazi had been arrested on Sunday in Bhimber district — where he had travelled to address public gatherings as part of a mobilisation campaign for the PTI’s planned August 5 protest — on the orders of the Mirpur deputy commissioner under Section 16 of the Maintenance of Public Order (MPO) Ordinance.

Though the DC’s order specified that he would be lodged in Mirpur district jail, he was instead detained at a government rest house in the city, reportedly due to his health condition.

On Monday, Mr Niazi’s son, Hafiz Abdul Quddus, filed a writ petition in the AJK High Court, seeking to stop the authorities from transferring his father to Pakistan without fulfilling the legal requirements outlined in the AJK Council Extradition of Fugitive Offenders Acts of 1984 and 1995.

The petition argued that the arrest was part of a politically motivated campaign based on a “false and concocted” FIR registered at Islamabad’s Karachi Company police station under multiple sections of the Pakistan Penal Code, the Anti-Terrorism Act, and the Peaceful Assembly and Public Order (PAPO) law.

It further maintained that Mr Niazi had no link to the alleged offences and had not even been provided a certified copy of the FIR, despite repeated efforts. It alleged that the authorities were attempting to hand him over to Islamabad police without due process or lawful authority.

The petition also challenged sections 3 to 6 of the said extradition laws, terming them “void and unconstitutional” for being discriminatory, non-reciprocal, and in violation of the fundamental rights enshrined in the AJK Interim Constitution, 1974. The petitioner pointed out that no reciprocal legal mechanism existed allowing AJK police to arrest any suspect from Pakistani territory.

The plea requested Mr Niazi’s release on bail and annulment of the detention order issued on August 3, terming it illegal and contrary to due process.

The court ordered that Mr Niazi be produced in Muzaffarabad at 9:30am on Tuesday, along with the relevant documentation, and reiterated that he must not be handed over to any Pakistani authority.

A senior police official in Mirpur confirmed toDawnthat Mr Niazi would be presented in court as directed. However, the official, speaking on condition of anonymity, also hinted at a potential development: “The deputy commissioner may withdraw the MPO detention order, which would render the writ petition infructuous.”

Meanwhile, PTI workers held protest demonstrations for a second consecutive day on Monday at various locations — particularly at Kohala and Azad Pattan entry points — demanding immediate release of their leader. Protesters blocked roads using obstacles and burning tyres to register their outrage.

The Bar Association of Abbaspur, Mr Niazi’s hometown, observed a boycott of court proceedings in protest.

In a statement, Javed Najamus Saqib, president of the AJK Supreme Court Bar Association, termed the arrest “illegal, unconstitutional, and a blatant overreach of administrative powers”.

PPP leaders Chaudhry Mohammad Yasin and Haji Mohammad Yaqoob — the party’s regional president and parliamentary leader, respectively — also condemned the arrest, calling it “unlawful and inappropriate”.

“Azad Kashmir is a shining example of peace, love, brotherhood, tolerance and mutual respect. Arresting an elderly, bearded man in such a manner is tantamount to tarnishing the region’s peace and identity — something that is completely unacceptable,” they stated in nearly identical social media posts, demanding Mr Niazi’s immediate release.

Published in Dawn, August 5th, 2025