LHC dismisses Parvez Elahi’s petition against his physical remand

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LHC issues non-bailable arrest warrants for Islamabad IGP n Summons DIG Investigations, DIG Operations, SP Security (LHC) on October 2 to frame charges

2023-09-19T06:50:49+05:00 Our Staff Reporter

CONTEMPT PROCEEDINGS.

 

LAHORE  -  The Lahore High Court (LHC) Mon­day issued non-bailable arrest war­rants for Inspector General of Police (IGP) Islamabad on his non-appear­ance despite issuance of bailable ar­rest warrants in a contempt pro­ceeding over defiance of an order for production of former chief minister Punjab Chaudhry Parvez Elahi.

The court also issued show-cause notice to the superintendent police concerned for not executing bailable arrest warrants of the IG Islamabad.

Justice Mirza Viqas Rauf passed theorders while hearing a contempt petition filed by Qaisara Elahi, wife of Chaudhry Parvez Elahi. During the proceedings, in response to a court que­ry, a law officer apprised the court that a reply had been received on behalf of the IGP Islamabad but he could not attend the pro­ceedings due to his oth­er engagements. At this, the court took serious ex­ception to IGP Islamabad’s absence despite the issu­ance of his bailable arrest warrants for ensuring his presence on Monday (Sep­tember 18). The court ob­served that its orders were being taken easy and di­rected a law officer to talk to IG Islamabad to know when he could attend the proceedings. Later, the court adjourned further proceedings till October 2 and issued non-bail­able arrest warrants for IGP Islamabad. The court also issued bailable ar­rest warrants for chief commissioner Islamabad over non-appearance de­spite clear court orders. Meanwhile, the court sum­moned the DIG Investiga­tions, DIG Operations and SP Security (LHC) on Octo­ber 2 for framing charges after rejecting their replies in connection with the ar­rest of Chaudhry Parvez Elahi for being unsatis­factory. The court direct­ed the officers to appear along with their counsel on the next hearing, be­sides appointing a law of­ficer as prosecutor. Mean­while, The Lahore High Court (LHC) on Monday dismissed a petition filed by former chief minister Punjab Chaudhry Parvez Elahi against a sessions court’s order that allowed the Anti-Corruption Es­tablishment (ACE) Punjab to get his physical remand in a case related to illegal recruitment made in the Punjab Assembly. The sin­gle bench comprising Jus­tice Sultan Tanvir Ahmad heard the petition filed by the former chief minis­ter. The petitioner’s coun­sel argued before the court that the order of the ses­sions court was liable to be set aside for being illegal and without jurisdiction. He submitted that the ju­dicial magistrate exercised his powers under section 167 of Criminal Procedure Code (CrPC) and sent the former chief minister to jail on judicial remand in the case. He submitted that a sessions court suspend­ed the order on a revision appeal filed by the ACE and ordered to produce Parvez Elahi before judicial mag­istrate for obtaining his physical remand for in­vestigations. He submitted that the order of the mag­istrate was not a judicial order, thus, the same was not subject to the revision jurisdiction of the sessions court, adding that only a special court had revision jurisdiction. However, Ad­ditional Prosecutor Gen­eral Punjab Abdul Samad and Additional Advocate General Ch.

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