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Tuesday October 08, 2024

PHC grants transit, protective bail to PTI lawmakers

Bench also directed all authorities concerned to refrain from arresting them and instructed petitioners to appear before relevant courts by Oct 7

By Amjad Safi
September 12, 2024
A lawyer walks past in front of the Peshawar High Court building. — AFP/File
A lawyer walks past in front of the Peshawar High Court building. — AFP/File

PESHAWAR: Two separate benches of the Peshawar High Court (PHC) on Wednesday granted transit and protective bail to Pakistan Tehreek-e-Insaf lawmakers and leaders and restrained the police and law enforcing agencies from arresting them.

A division bench of the PHC comprising Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad granted protective bail to leader of opposition in the National Assembly Omar Ayub and Members of the National Assembly (MNAs) Asad Qaiser and Faisal Amin.

The bench also directed all the authorities concerned to refrain from arresting them and instructed the petitioners to appear before the relevant courts by October 7.

Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad heard the petition for protective bail filed by Omar Ayub, Asad Qaiser, and Faisal Amin. The petitioners’ lawyers Muzzamil Khan, Alam Khan Adinzai and Muhammad Arshad Swabi, informed the court that the petition was filed for transit bail, which had already been granted by the single bench.

They requested the court to order the federal government and other relevant authorities to provide details of the cases against them, as the petitioners feared arrest in unknown cases. They prayed to the court to prevent their arrest in any case.

Upon this, Chief Justice Ishtiaq Ibrahim asked if such an order could be issued. The petitioners’ lawyers explained that their clients were elected members of the National Assembly and they wished to attend the assembly session where important bills were to be tabled.

The chief justice agreed to seek a response from the federal government but advised that for provincial agencies, they must refer to the respective high courts. He assured that no agency would arrest the petitioners within the next 15 days.

During the hearing, opposition leader Omar Ayub told the court that multiple cases had been registered against him in Punjab. The chief justice acknowledged that he was aware of Omar Ayub’s status as an MNA, but emphasized that the court would only exercise its powers within its limits. He assured that federal agencies would not arrest the petitioners in any registered case.

The court approved the protective bail of the MNAs and directed them to appear in the relevant courts by October 7.

The hearing was adjourned until October 3, and the petitioners were ordered to submit surety bonds of Rs50,000 with the registrar. The bench also directed the federal Ministry of Interior to submit a report.

Similarly, a single bench of Justice Shakeel Ahmad also granted transit bail to MNAs Zartaj Gul, Omar Ayub, Asad Qaiser and Faisal Amin, directing them to appear in the relevant courts by October 10.