ISLAMABAD, Nov 4: The Islamabad police informed the Lahore High Court, Rawalpindi Bench, on Tuesday that Javed Hashmi, acting president of the PML-N, was arrested for abetting mutiny, but did not produce the FIR and the remand order which it claimed to have obtained from an unnamed magistrate.
The counsel representing the Islamabad SSP and the secretariat police station SHO, said the FIR, was in the custody of the “concerned authorities”, and if the petitioner, wanted to get copy of the FIR, he/she should apply for the same and it would be given by following the procedure.
Justice Mansoor Ahmad of the Lahore High Court, Rawalpindi Bench, after hearing the arguments of both the parties on the habeas corpus petition filed by Ms Memoona Hashmi, daughter of Mr Hashmi, announced it would pass its order on Wednesday.
The court had issued notice to the SSP and the SHO on Monday, to explain if Mr Hashmi, who is also president of the ARD, was arrested by them, and, if so, why?
Meanwhile, an Islamabad judicial magistrate extended the physical remand of Mr Hashmi for another nine days.
When the petition was taken up on Tuesday, advocate Munir Bhatti, representing the Islamabad police, said an FIR was registered against Mr Hashmi under sections 131, 124-A, 468, 469, 471, 500, 505, and 119 Pakistan Penal Code (PPC).
He said the accused was remanded in police custody by the magistrate for five days, and he himself was present at the time of remand.
He, however, did not produce the copy of the FIR and remand order, saying that after the implementation of the police order, police system had been changed and the SHO was no longer in possession of the record. He said a three-member committee was investigating the matter.
Barrister Aitzaz Ahsen, representing the petitioner, said his client was not produced before any magistrate as it was evident from the statement of the counsel who claimed to be present at the time of grant of remand but was not aware of his name.
He further said that despite the court order that record should be produced the police did not bring the FIR.
He said it was the duty of the high court to ensure that the detenu was not held in illegal custody. The law of the land required the prosecution to disclose what was the charge against and must be provided full access to his lawyers to defend himself. Mr Aitzaz argued that it was a fit case for the high court to order the release of the petitioner’s father on bail.
The counsel further contended that if he was not released, the respondents should be directed to produce him before the court. He further demanded that the lawyers should be allowed to meet him.
Mr Munir Bhatti, the counsel for the respondents contended the reliefs sought by the petitioner under habeas corpus petition, could not be acceded and no accused was ever granted bail on habeas corpus petition. He asked the court to dismiss the petition and also impose cost on the petitioner for wasting the time of the court by filing frivolous petition.
REMAND EXTENDED: Meanwhile, an Islamabad judicial magistrate extended on Tuesday the physical remand of Mr Hashmi for another nine days.
Mr Hashmi was produced in the court of Judicial Magistrate Rana Amir Salim amid tight security.
Police sources told Dawn that Mr Hashmi was taken to the court almost half an hour before the official timing at 7.25am. The court starts from 8am.
Personnel of different agencies were also present on the occasion, the sources said.
The police investigation team, headed by DSP Ishaq Warraich, produced the PML-N leader before the court on completion of his five-day physical remand. He was arrested on Oct 29 on charges of abetting mutiny and issuing statements against the army.
Investigation officer Mohammad Bashir produced Mr Hashmi before the court and demanded further remand for completion of investigation.
The judge accepted the plea and issued further remand of the PML-N parliamentarian for nine days.
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