IHC Chief Justice grills FIA over illegal detentions during raid at PTI secretariat

Islamabad High Court Chief Justice Aamir Farooq heard the petition of PTI’s Maimona Kamal for the recovery of male and female workers as well as staff of PTI Secretariat who were arrested by police and FIA the other day, reported 24NewsHD TV channel.

DIG Operations and FIA Director Cyber Crimes and Additional Attorney General appeared before the court while the petitioner Maimoona Kamal's lawyer Syed Ali Bukhari was also present in the court.

Additional Attorney General Munawar Iqbal Dogal told the IHC Chief Justice that FIA has registered a case against PTI workers and staff.  He said the people named in the case have been arrested while the rest have been released on personal recognizance.

Additional Attorney General briefed the court that 10 men and two women are involved in this case. None of the six women are under arrest, all have been released on personal recognizance.

On this Chief Justice said that PTI filed a plea that the police and FIA had abducted their workers and staff.

PTI lawyer Ali Bukhari briefed the IHC CJ that a total of ten women were picked up. Two women are being sued, apart from that, we still do not know about other women.

According to the application, 10 women and 15 men have been picked up, Chief Justice Amir Farooq questioned Additional Attorney General.

Two remaining women are also known to have returned, lawyer Ali Bukhari told the court. On this Chief Justice Aamir Farooq questioned whether the issue of women have got clear.

FIA officials told the court that apart from the women, the male workers have also been released. “We do not know anything about three or four people, we are not in contact with them”, lawyer Ali Bukhari told the IHC chief Justice.

Is there any evidence of leaving male workers on personal surety? Chief Justice inquired from FIA officials.

“You pick people up and leave them ten hours later?” Chief Justice Amir Farooq questioned FIA officials. “There were also unknown people in the case, therefore other people were also arrested”, Additional Attorney General.

“Under what law you can arrest a person like this?”, Can you arrest anyone without any evidence? Chief Justice Amir Farooq questioned FIA.

It was necessary to arrest all the people sitting in the PTI Secretariat? Is it a crime to be in that office? Chief Justice Amir Farooq grilled at Additional Attorney General.

“If Ali Bukhari Advocate had been there, would he have been arrested too?” Chief Justice questioned. The water dispenser was also taken away from the party secretariat, Ali Bukhari Advocate told the court.

32 people were picked up, did the police and FIA want them all? Chief Justice Aamir Farooq. “If you have to arrest someone, you have to arrest on suspicion, you got arrested just for being there? This is his unfortunate, Chief Justice said.

If someone was waiting for someone outside the secretariat, would they have arrested him too? Chief Justice said.

Were all 32 people arrested? Chief Justice Aamir Farooq questioned.

If no arrest was made, how could 32 people be kept there for ten hours? Chief Justice Amir Farooq. How did you keep them there for 10 hours, isn't it kidnapping? Chief Justice.

“I close the doors of my court and do not let you go out without an order. This is not kidnapping?” Chief Justice. “Were all the people picked up were illegally detained? Chief Justice Aamir Farooq questioned.

“If he was detained illegally, then what will be the consequences? Chief Justice Amir Farooq questioned and “If I am going on a road tomorrow, will the police pick me up?”, Chief Justice Aamir Farooq said.

Additional Attorney General told the IHC that the petition of habeas corpus is invalid, and should be disposed of. On this Chief Justice Aamir Farooq remarked, “No, this application has not yet become ineffective”.

“Were all those arrested released?” Chief Justice Aamir Farooq questioned. How were people kept there for ten hours? Chief Justice said.

“It is wrong to detain someone for 10 hours and not register a case, Chief Justice remarked. Chief Justice Amir Farooq further said 10 out of 32 people, 12 people were arrested, the rest were kept in illegal detention.

Arrest cannot be made at the whim of the investigating officer, there must be a reason, Chief Justice remarked.

“How the mobile phone of the person who was not held were kept by police and FIA?” Chief Justice Aamir Farooq questioned. Technical analysis was to be done, therefore mobile phone were taken into custody, Director FIA replied.

“Look at law, trials are conducted on some material, you easily say that Police and FIA arrest culprits but the courts release”, Chief Justice remarked.

“You have kept someone's property under no law, Chief Justice. “Return what belongs to the people”, Chief Justice Aamir Farooq ordered FIA officials.

Now, if the matter comes before me, I will write some order on it, Chief Justice Aamir Farooq said. “Courts have praised police and FIA if they have done a great job, Chief Justice remarked.

“That is why we say that it has become a police state, they do whatever the heart desires”, Chief Justice said. This is what a police state is, they don't do anything under the rule of law.

“Shall I write that a case of theft should be registered?” Chief Justice Aamir Farooq remarked. Without FIR I will give an order on the habeas corpus issue, Chief Justice remarked and ordered FIA to submit the references later.

Later the hearing of the case was postponed.