LHC tells Elahi to approach deputy commissioner against detention

LAHORE: Pakistan Tehreek-e-Insaf (PTI) President Parvez Elahi has been directed by the Lahore High Court (LHC) to approach relevant authorities against his detention under Section 3 of the Maintenance of Public Order, 1960.

"You should file an appeal with the district commissioner; he will hear your plea and issue an order on it," LHC's Justice Ali Baqar Najafi said while hearing a petition against Elahi's detention order.

Elahi's lawyer contended that the court could overrule the order in line with precedents, but Justice Najafi told him that he could challenge the relevant authorities' decision in the court.

The PTI president's lawyers then withdrew the plea.

The Punjab government issued orders Sunday to detain the former provincial chief minister under 3 MPO for 30 days.

Elahi then moved the court, seeking nullification of the order as he had been behind bars for around a month.

In the plea submitted through Elahi's lawyer Amir Saeed in the LHC on Monday, the ex-chief minister said his detention order was against the court's ruling to release him.

"...[I have] no other adequate remedy provided by the law except to invoke the constitutional jurisdiction of this Honourable Court, therefore, the instant petition," the plea mentioned.

Elahi prayed that the court accept his petition and declare the government's detention order "unlawful, void, against the law, and of na legal effect".

He also urged the court to direct the caretaker Punjab government, the home secretary, and the Punjab inspector-general of prisons to take action against SP prisons for district jails.

It may be noted that Elahi was initially arrested on June 1 in a graft case amid a crackdown on PTI in the wake of the May 9 protests. He was rearrested multiple times after this in different cases, including the two money laundering cases.

The order

The Lahore deputy commissioner's order — issued Sunday night — said that Elahi would be kept in Lahore Camp Jail for at least a month, where he had already been confined.

This decision has been taken after the recommendation made by the Lahore district intelligence committee, the notification mentioned.

According to the documents obtained by The News, the committee has reported that Elahi is PTI's leading member and a flamboyant orator.

He has the ability to incite people to create a law and order situation.

The Model Town SP and district intelligence committee have reported that Elahi is capable of creating mischief and disorder, and there is a real fear that his sympathisers can harm lives and property.

They have proposed to keep Elahi under custody for 30 days.

Two FIRs — no 22/604 and 22/1822 — have been registered against him at Qila Gujjar Singh Police Station, while another FIR — 23/1150 — has been registered at Ghalib Market Police Station.

According to investigations under these FIRs, it has been proved that Elahi and his companions are involved in arson, terrorism, and putting up resistance against law enforcement agencies.

The deputy commissioner's order said Elahi could contact the Punjab government against the decision.