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Thursday April 25, 2024

SC issues notice to govt on Gill’s torture plea

By Sohail Khan
September 17, 2022
Supreme Court of Pakistan building. —file
Supreme Court of Pakistan building. —file

ISLAMABAD: The Supreme Court Friday issued a notice to the federal government in connection with the physical remand of PTI leader Dr Shahbaz Gill and summoned the investigation officer (IO) with complete record of the sedition case.

A three-member bench — headed by Justice Ijazul Ahsen and comprising Justice Mazahir Ali Akbar Naqvi and Justice Jamal Khan Mandokhel — heard Gill’s petition filed on August 27. The petition praying the court to set aside the Islamabad High Court (IHC) order, granting the police his another two-day physical remand.

Gill’s counsel Salman Safdar submitted that the trial court had exceeded its jurisdiction, saying the way the police tortured his client was unprecedented. Justice Mazahir asked the counsel as to what was the basis of his client’s case and what did he say.

Salman Safdar submitted that Gill had made a speech for which he was charged under 13 sections. At this, correcting the counsel, Justice Naqvi said his client did not make a speech but gave an interview to a TV channel.

“You have not made preparations for arguing the case and even don’t know about the procedure of a physical remand,” Justice Mazahir remarked, adding the petitioner will have to approach the relevant forum.

The judge asked the counsel whether he had approached the relevant forum, adding what kept the petitioner from doing so. Justice Jamal Khan Mandokhel, another member the bench questioned if the police had not tortured anyone during the PTI government.

The counsel replied that incidents of police violence rarely came to light; however, he contended that Gill’s physical remand was the most controversial in the country’s history. Salman Safdar further contended that even the judge had stated in the order that marks of torture were found on Gills body.

At this Justice Mazahir asked whether the judge would appear before the court as a witness in the instant case. “The magistrate was the guarantor of the prisoner’s rights and you are even not aware of this,” Justice Mazahir told Salman Safdar.

The judge further asked the counsel whether criminal code was applied to the Supreme Court to which Safdar replied in the affirmative. Justice Mazahir, however, corrected the counsel and said criminal code does not apply to the Supreme Court. The judge observed that the counsel appeared before the court unprepared.

Meanwhile, the court issued a notice to the federal government and summoned the investigation officer (IO) with complete record of the case and adjourned the hearing for date-in-office (Indefinite period).