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Islamabad court reserves verdict on pleas challenging Fawad's judicial remand in sedition case

Islamabad court accepts police’s plea seeking Fawad Chaudhry’s physical remand in sedition case

by Arshad Khan
January 28, 2023
in National
1
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Faisal Ch termed all cases registered against other PTI leaders, including Azam Swati, “false”.

Islamabad court accepts police’s plea seeking Fawad Chaudhry’s physical remand in sedition case. A district and sessions court on Saturday accepted the plea submitted by the police challenging the judicial magistrate’s ruling that sent the former information minister to Adiala Jail on a 14-day judicial remand.

Announcing the reserved verdict the court granted the police Fawad’s physical remand, rejecting his petition regarding discharge from the case.

Fawad filed an appeal in the district and sessions court of Islamabad hours after the police moved the court challenging Judicial Magistrate Waqas Ahmed Raja’s order rejecting their plea seeking an extension in the PTI leader’s physical remand.

After a delay of over an hour, the police presented the PTI leader before the court. On the orders of the sessions judge, Fawad was uncuffed inside the premises of the courtroom.

While the police requested the sessions judge to “nullify” the judicial magistrate’s decision and extend Fawad’s physical remand for further investigation, the PTI leader submitted a plea asking the court to discharge him from the case.

The petition submitted by Fawad’s lawyers on his behalf stated that the PTI leader should be discharged from the case instead of being sent on a judicial remand. Sessions Judge Tahir Mehmood Khan has issued notices to the prosecutor and the Election Commission of Pakistan (ECP).

More From FactFile: Lahore court approves transitory remand of PTI leader Fawad Ch

Fawad — who is facing sedition charges for publicly “threatening” the members of the Election Commission of Pakistan (ECP) in a media talk — was arrested from his Lahore residence on Wednesday after a case was registered against him at the Kohsar Police Station on the complaint of ECP Secretary Omar Hameed.

He was presented before the court on Friday after the expiry of physical remand, however, the prosecution’s request for an extension was turned down by Judicial Magistrate Waqas Ahmed Raja.

Today’s hearing

Upon resumption of the hearing after a two-hour break, Prosecutor Adnan — presenting his arguments — informed the court that Fawad’s photogrammetry test need to be performed, for which his video had been acquired.

Sessions judge Tahir was hearing pleas submitted by Fawad and police against the Judicial Magistrate Waqas Ahmed Raja’s order rejecting their plea seeking an extension in the PTI leader’s physical remand.

“Fawad needs to be taken to Lahore for the photogrammetry test,” Adnan said, adding that they also need to recover his mobile phone, laptop and other electronic devices.

He maintained that the devices need to be analysed to find out the “mastermind behind Fawad’s hateful remarks against the ECP”.

The prosecutor informed the court that the investigation officer (IO) had requested a seven-day physical remand. Urging the court to “nullify” the judicial magistrate’s verdict, he said that the ruling didn’t mention the photogrammetry test which is what the IO has been demanding.

Supporting his argument, prosecutor Adnan mentioned that “enough electronic material [content aired on electronic media]” against the PTI leader is available. “Fawad Chaudhry has also owned his statement against the members of the election body,” he informed the court.

During the course of the proceeding, Fawad’s lawyer Babar Awan and ECP’s lawyer engaged in a heated argument as the former told the latter not to interfere “unnecessarily” in the proceedings.

Fawad’s counsel informed that the court that the former information minister was kept in Adiala Jail, adding that he sought permission to meet his client three days ago, however, he wasn’t allowed as yet.

“The way Fawad was brought in the court was a violation of human rights,” Awan said, lamenting that he wasn’t even allowed to meet his legal team.

Following a brief pause as the police brought handcuffed Fawad inside the session judge’s chamber, Awan continued his arguments questioning the prosecutor about the part where the PTI leader threatened the ECP officials.

Hearing on bail plea

Meanwhile, additional sessions judge also heard the PTI leader’s bail plea this morning.

At the outset of this hearing, Fawad’s counsel appeared before the court and said: “I am ready for the arguments on the petition.”

However, the judge said he hadn’t received the case file and records therefore he adjourned the proceedings till 10am.

Afterwards, the proceeding was halted till the verdict on the police’s plea challenging the decision on the rejection of an extension in physical remand.

A day earlier, Fawad submitted a post-arrest bail petition to the judicial magistrate of Islamabad after the local court sent the former information minister on 14-day judicial remand.

The petition claimed that the PTI leader has been “falsely involved in the instant case by the complainant with the malafide intention and ulterior motives just to harass, pressurise and blackmail the present petitioner”.

The petition submitted by the PTI leader added that the allegations levelled in the first information report (FIR) are “absolutely false, frivolous and baseless”. It also mentioned that Fawad is innocent and has no link or concern with the commission of the alleged offence.”

It added that Fawad was arrested “unlawfully and without any justification in negation to the law”.

‘Legal battle to continue’

Speaking to journalists, Fawad’s brother Faisal Chaudhry said that they already knew that the police and Election Commission would behave in a “dishonest manner”.

He, however, maintained that all these issues will be highlighted in front of the court. “Detaining any citizen is a violation of fundamental rights,” he said, adding that the legal battle will continue despite state repression.

Faisal Ch termed all cases registered against other PTI leaders, including Azam Swati, “false”.

Tags: Election Commission of PakistanFawad ChaudhryImran KhanPakistanPTI
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Arshad Khan

Arshad Khan

Arshad Khan is a career journalist and working as reporter with Daily FactFile. He reports on versatile issues including government, politics and public issues. He also has interests in health and technology issues.

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