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In violation of LHC orders, Elahi captured again

by Wajih Ahmad Sheikh in Dawn, September 2nd, 2023
LAHORE: The Islamabad police on Friday re-arrested former chief minister and PTI President Parvez Elahi near his residence soon after the Lahore High Court (LHC) set him free with a restraining order against his possible arrest by any agency or preventive detention.

A team of federal capital police, assisted by the Lahore police, intercepted the white SUV near the FCC underpass in which Mr Elahi was riding along with lawyer Sardar Latif Khosa to his house.

The police personnel shifted Mr Elahi into a white car with no licence plate. The car drove him to Islamabad. Visuals of the arrest drama went viral on social media.

Later, Islamabad police tweeted: “Parvez Elahi has been arrested under 3 MPO following an order passed by a district magistrate. Parvez Elahi is being shifted to jail.”

Former federal minister Moonis Elahi termed the arrest of his father ‘abduction’.

In a tweet, Mr Moonis said that after the high court’s orders and on the judge’s instructions, the police, including the court security, were taking his father home.

“As the car entered our street, it was stopped and he was abducted. If court orders are going to be ridiculed like this maybe they should officially declare it,” added the former minister, who left the country months ago apparently to avoid prosecution in multiple cases against him.

A meeting of the PTI’s core committee condemned Mr Elahi’s arrest and sought his immediate release.

Earlier in the day, the National Accountability Bur­e­au (NAB) reluctantly produced Mr Elahi before the LHC amid strict security arrangements.

The bureau had arrested Mr Elahi in a case of alleged billions of rupees’ corruption in development schemes launc­hed for Gujrat division.

Justice Mohammad Amjad Rafiq, who heard Mr Elahi’s petition against his arrest, had ordered NAB to present the PTI leader.

Initially, the NAB expressed its inability to produce Mr Elahi before the court, saying the Punjab government had refused to provide security and an armoured personnel carrier.

However, the bureau produced the PTI leader when the judge resumed hearing at 12 noon.

After a brief hearing, Justice Rafiq set aside Mr Elahi’s arrest and issued his release order.

In his written order, the judge observed that NAB had violated a direction earlier passed by the court and arrested the suspect.

“The authority of NAB to arrest the petitioner in interregnum when the restraining order of his court was under suspension is a question to be resolved through an inquiry of related facts and law spurred out from the divergent pleas and counter arguments of the parties,” the judge noted.

However, he said, the restoration of the restraining order by a two-judge bench had made it clear that by all means the custody of the petitioner with the NAB at present was found in an unlawful manner.

Setting Mr Elahi at liberty, Justice Rafiq ordered that the petitioner shall not be arrested by NAB or any other authority/agency/office etc, nor shall he be detained under any law relating to preventive detention.

The judge directed NAB’s special prosecutor to submit a report and para-wise comments to the petition by Sept 21.

Mr Elahi stayed in the courtroom for hours fearing his re-arrest as a heavy contingent of police was present on the LHC premises.

On the request of Advocate Khosa, the judge directed the police to take Mr Elahi to his home safely.

In a brief conversation with reporters, Mr Elahi said he stood by PTI chairman Imran Khan.

The PTI president was first arrested on June 1 in connection with a corruption case. He was discharged in the case the very next day, only to be re-arrested in another case. Later, he was implicated in more cases of corruption.

The deputy commissioner of Lahore issued a 30-day detention order of Mr Elahi apparently to delay his release after he secured bail in all the cases registered against him.

Later, the NAB arrested Mr Elahi from Adiala jail shortly after his detention period ended on Aug 14.
https://www.dawn.com/news/1773585/in-violation-of-lhc-orders-elahi-captured-again