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Thursday September 29, 2022

IHC orders sessions judge to rehear petition seeking Gill’s physical remand today

The IHC CJ orders the sessions judge to decide the case on merit

August 16, 2022
Islamabad High Court. — IHC website
Islamabad High Court. — IHC website

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday ordered the sessions judge to rehear a review petition seeking the physical remand of PTI leader Shahbaz Gill in a sedition case filed against him.

Islamabad Advocate General Jahangir Jadoon, on August 13, had moved the IHC seeking its order to declare the decision taken by the district and sessions court null and void while extending the physical remand of Shahbaz Gill, a close aide of PTI Chairman Imran Khan.

At the outset of today’s hearing, IHC acting Chief Aamer Farooq Justice resumed the hearing of the government’s petition together with Shahbaz Gill’s plea who had challenged the sedition case.

After hearing arguments from both sides, Justice Farooq ruled that the government’s plea against the orders of the judicial magistrate is admissible and directed the sessions court to hear the police’s request today.

The IHC CJ ordered the sessions judge to decide the case on merit.

Earlier today, the IHC revered its verdict in the case.

 IHC acting Chief Justice resumed the hearing of the government’s petition together with Shahbaz Gill’s plea.

During the course of the proceedings, IHC Acting Chief Justice Aamer Farooq remarked that the suspect belonged to a political party but “whoever the suspect is, it is meaningless before this court.”

Barring the lawyers from political discussion in the court, the chief justice noted that the court will look into only legal points in the case.

“Explain to the court how the appeal against the ruling of the judicial magistrate was admissible,” asked Justice Aamer Farooq.

“Handing over the suspect to the police is a serious matter,” noted Justice Farooq.

Prima facie, it seemed that the forum of the sessions court exists to supervise the matter, remarked the chief justice, adding that the sessions court should look into the matter, whether the judicial magistrate made a just or wrong decision.

During the hearing, the judge remarked, “A suspect is always a favourite child of court.”

It is not the jurisdiction of the court to decide the period of remand, Justice Farooq noted, adding,” No matter how serious the crime is, the matter of remand has to be looked into by the magistrate.”