ISLAMABAD - The Islamabad High Court (IHC) Friday suspended the Anti Terrorism Court (ATC) decision of sending journalist Matiullah Jan on two days physical remand. A division bench comprising Chief Justice of IHC Justice Aamer Farooq and Justice Arbab Muhammad Tahir conducted hearing of a petition filed through Riasat Ali Azad Advocate, Imaan Zainab Mazari and Hadi Ali Chattha Advocate. Through the instant petition, the petitioner challenged order dated 28th November whereby his physical custody was granted to the police in case FIR No.715/2024 dated 28th November under Sections 7-ATA, 9(2)(4) CNSA, 186, 353, 427, 506 II, 382, 411 & 279 PPC, Police Station, Margalla, Islamabad. During the hearing, counsel for the petitioner contended that the impugned order was without reasons. In this regard, he submitted that the request for physical remand was made on the basis of alleged sale and purchase of the narcotic substance whereas the FIR/case did not mention such allegations.
It was further contended that even otherwise, the remand order was not in consonance with the law laid down by the superior courts of the country. After hearing the arguments, the IHC bench suspended the ATC order and issued notice to the respondent for 02.12.2024. It added, “Meanwhile, the impugned order is suspended; consequently, the petitioner shall be regarded in judicial custody.” Earlier, the IHC bench removed the objections raised by the Office to the filing of the instant petition. In this connection, the counsel for the petitioner contended that the office objections are of technical nature, hence be ignored. The bench said that in view of the submission made by the counsel, office objections are overruled and Office is directed to number the petition and do the needful. At this juncture, counsel for the petitioner pleaded urgency in the matter and requested that the main case be taken up today. The bench allowed the request and heard the case the same day.