The Islamabad High Court (IHC) on Wednesday ordered the release of Pakistan Tehreek-e-Insaf (PTI) leaders Shehryar Afridi and Shandana Gulzar after suspending their detentions under the Maintenance of Public Order (MPO) ordinance.
The single-member bench of Justice Babar Sattar, however, barred either leader from leaving the federal capital until the case had been resolved. It also barred them from issuing any statements, either on mainstream or social media, so long as the case was still being heard. During proceedings, the judge said the court would indict Islamabad Deputy Commissioner Irfan Nawaz Memon and a senior superintendent of police for contempt of court over “obstruction of justice.”
Justice Sattar further directed the IGP and chief commissioner to ensure the safety of Afridi and Gulzar, warning that if anything were to happen to the politicians, they would be held responsible. He then adjourned the hearing for two weeks.
During proceedings, the judge slammed the DC and police for relying solely on intelligence reports submitted by the Intelligence Bureau and Special Branch regarding an alleged threat of Afridi “attacking” district courts and inciting the public. Noting this could not have happened as Afridi was already in jail, Justice Sattar observed that law enforcers must “apply your mind” when detaining any individual on the basis of intelligence reports.
The IGP, meanwhile, testified before court that police take action on the basis of risks to maintain law and order. To a question on whether police had arrested the people Afridi had allegedly incited, the IGP said police were tasked to pursue the “mastermind.” To this, the judge remarked: “Whatever was read out [intelligence reports] is making a mockery of the police system. Make the decision if you have to run the country as per the Constitution or in another manner.” He then sought a detailed report into the matter from the IGP. The judge also directed the jail superintendent to submit a record of the meetings Afridi had held while incarcerated at Adiala Jail.
Afridi was initially arrested from his Islamabad residence on May 16 under Section 3 of the MPO Ordinance, 1960. Shortly after being released on court order, he was once again arrested on May 30 under the same section. On Aug. 3, he was granted bail from the Lahore High Court’s Rawalpindi bench, but—once again—was rearrested shortly after his release.
Gulzar, meanwhile, was picked up by Islamabad police on Aug. 9, with her mother filing a petition before the IHC on the grounds of illegal arrest and violation of Articles 4, 9, 10A and 14 of the Constitution.