IHC annoyed over FIA’s failure to produce PTI leader in court

ISLAMABAD  -  The Islamabad High Court (IHC) on Tuesday expressed its annoyance over the Federal Investigation Authority (FIA) authorities for not presenting Pakistan Tehrik-e-Insaf (PTI) leader Abdullah Mumtaz Kahloon who is allegedly missing from the airport.

A single bench of the IHC comprising Chief Justice of IHC Justice Aamer Farooq directed the authorities to submit detailed report in this connection till Wednesday (today) and remarked that do not mock the law.

Earlier, the bench had granted protective bail to Kahloon saying that since the petition is in nature of protective bail and appearance of the “petitioner is mandatory, in the interest of justice, the petitioner is directed to surrender himself before this court on the date fixed.” It added, “Meanwhile, the petitioner shall not be arrested upon landing at Islamabad Airport till he surrenders himself before this court on the next date.”

During the hearing, petitioner’s counsel Babar Awan informed the bench that despite the court’s orders not to arrest his client, the authorities have arrested Abdullah on his arrival at the airport.

Justice Aamer noted that this court had granted protective order to the petitioner on 08.01.2024 and the counsel for the petitioner is now apprising the court that when the petitioner landed, he was apprehended. 

He ordered, “Let the petitioner be produced in the court positively today failing which, the Additional Director (Emigration) shall appear in person.” 

However, the authorities failed to produce Kahloon when the bench resumed hearing. Justice Aamer asked that where is the petitioner. The additional attorney general told the bench that according the immigration authorities, Abdullah left the airport after immigration process. He also said that there was no record that he was in the custody of the federal capital police or the concerned authorities.

The IHC Chief Justice said that there would be CCTV footage showing his departure from the airport. He ordered to submit detailed report of the incident. He remarked that it is violation of his orders and deferred the hearing till Wednesday (today).

Through the petition, the petitioner sought protective bail in order to appear and surrender before the court of competent jurisdiction in case FIR No 331/23 dated 09.05.2023 offence under sections 7-ATA 1997, 188, 341, 427, 505, 124A, 148, 149 PPC, PS Sajid Shaheed, Sargodha.

Counsel for the petitioner contended that the petitioner shall surrender himself before this court provided time is granted for doing so. He also contended that in past, the concessionary bail has been granted by this court in various cases.

Upon inquiry of the court, it was submitted that the petitioner would be landing at Islamabad Airport at 00:55 (12:55am) on 09.01.2024. Later, the court issued notices to the respondents and barred the authorities from arresting him.

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