IHC Grants Release to PTI's Shehryar Afridi and Shandana Gulzar; Announces Contempt Charges Against DC and SSP



The Islamabad High Court (IHC) granted permission on Wednesday for PTI leaders Shehryar Afridi and Shandana Gulzar to return home, as it considered their pleas against their extended detentions under the Maintenance of Public Order (MPO) ordinance.

In a parallel decision, the court announced its intention to charge city Deputy Commissioner (DC) Irfan Nawaz Memon and a senior superintendent of police (SSP) with contempt of court.

Both Afridi and Gulzar had been apprehended by the police in connection with the violent incidents that occurred on May 9.

This judgment came one day after the IHC had issued show-cause notifications to DC Memon, Inspector General Dr Akbar Nasir Khan, the city's chief commissioner, and other police officials for what was deemed "criminal contempt of court." They were accused of abusing their authority to obstruct justice and divert the course of justice.

The court had called for written responses from these officials to explain why they should not face punishment for their perceived obstruction of justice.

The detention of Afridi initially took place on May 16 at his residence in Islamabad, based on Section 3 of the MPO Ordinance from 1960. Subsequently, he was rearrested on May 30 under the same ordinance, shortly after his release from prison.

On August 3, the Lahore High Court's Rawalpindi bench granted Afridi bail, but he was reapprehended by Rawalpindi police soon after his release from Adiala jail. His lawyer then submitted a petition to the IHC requesting his release and the annulment of the MPO order.

Meanwhile, on August 9, Gulzar was allegedly abducted by Islamabad police. Her mother subsequently filed a petition in the IHC, asserting that her daughter's arrest was illegal and violated several articles of the Constitution. This petition called for the police to produce Gulzar in court.

During the hearing, IHC Justice Babar Sattar oversaw the pleas of both Afridi and Gulzar, seeking responses from the summoned officials, as directed by the court order issued the previous day.

DC Memon appeared in court on behalf of the district magistrate, joined by IG Khan and the chief commissioner. The PTI leaders were also present, accompanied by their counsel Sher Afzal Marwat.

After assessing the responses provided by DC Memon and the SSP, Justice Sattar judged their replies as "unsatisfactory" and decided to charge both officials with contempt of court in the upcoming hearing.

Justice Sattar also instructed IG Khan to furnish the names of the station house officer (SHO) and the district police officer (DPO) associated with Afridi's case. Consequently, show-cause notices were ordered to be issued to both of these police officials.

The court lifted the MPO orders against both PTI leaders, resulting in their release, yet they were confined to the limits of the capital city.

Additionally, the court directed Afridi and Gulzar to refrain from making statements on mainstream or social media throughout the ongoing case.

Justice Sattar emphasized that if any untoward incidents occurred involving either Afridi or Gulzar, the responsibility would fall on IG Khan and the chief commissioner.

Consequently, the hearing was adjourned for a period of two weeks.

During the proceedings, the Islamabad DC initially discussed the violent events of May 9 across various cities. However, Justice Sattar intervened, instructing him to focus solely on Islamabad and read aloud his order.

The DC revealed that the Intelligence Bureau (IB) had warned of a potential attack by Afridi on the district courts.

Justice Sattar posed questions regarding Afridi's ability to orchestrate such an attack while being incarcerated, asking if he had access to media and mobile phones. He further questioned the actions taken by the prison administration to prevent such activities.

DC Memon responded, citing intelligence reports that indicated Afridi's involvement in incitement and alleged plans to attack the district courts. He claimed that Afridi's name also emerged in connection with a campaign against the judiciary.

Justice Sattar then inquired how Afridi could incite individuals from within jail. DC Memon relied on intelligence reports, asserting that he relied on these reports for information.

DC Memon proceeded to read aloud the IB and Special Branch (SB) reports. Justice Sattar inquired if any court had upheld an MPO order issued within the past three months.

Justice Sattar cautioned DC Memon about the possibility of facing up to six months in prison for contempt of court.

Regarding Afridi's arrest, the judge inquired about the source of information that led to his apprehension. The SHO was subsequently summoned to the stand.

The judge asked the SHO about the information he possessed regarding Afridi's alleged plans. The police official stated that he was not the SHO at that time, clarifying that someone else held the position.

Noting this, Justice Sattar permitted the police official to leave the stand and requested information about the DPO at that time.

The judge sought details from the DPO about the alleged plan. However, the DPO mentioned being on holiday during that period.

Justice Sattar questioned the DPO about the events in Islamabad on May 8, a day before PTI chairman Imran Khan's arrest, which led to nationwide violent incidents.

During the hearing, IG Dr Khan appeared in court and explained that actions were taken based on potential risks prior to incidents. He asserted that maintaining law and order was the rationale behind their actions.

Justice Sattar criticized the Special Branch's report, characterizing it as a joke. He asked IG Khan if any of those allegedly incited by Afridi had been apprehended, to which Khan replied that they were pursuing the mastermind.

The judge remarked that the intelligence reports mocked the police system, and he directed IG Khan to submit a detailed report on the matter.

Justice Sattar then questioned DC Memon about his response to the contempt of court notice issued the previous day, to which he responded affirmatively.

The court highlighted the similarities between the MPO orders issued on May 16 and August 8, and declared the May 16 order illegal. Consequently, DC Memon's responses to the notice were deemed inadequate, leading to his indictment for contempt of court in the next hearing.

The SSP was also called to the stand, and his counsel argued that the reasons for declaring the first MPO order illegal differed, citing the order's timing in relation to detention.

Justice Sattar critiqued the handling of the situation, accusing the officials of turning the situation into a farce by issuing conflicting orders.

Subsequently, the judge decided to indict the SSP as well in the next hearing and ordered IG Khan to provide the names of the SHO and DPO linked to Afridi's case, along with issuing show-cause notices to both officials.

The court requested the jail superintendent to provide records of the meetings Afridi had held during his time at Adiala Jail. Additionally, it sought the notification that granted DC Memon the authority to issue the MPO order.

Justice Sattar questioned the presence of such a notification, stating that if it wasn't available, further arguments would be unnecessary.

Addressing Afridi, the judge inquired if he had a residence in Islamabad, to which Afridi confirmed.

Consequently, the court lifted the district magistrate's MPO order against Afridi, allowing him to return home in the capital city.