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Tuesday, September 17, 2024  
12 Rabi ul Awal 1446  

PTI Chairman Gohar Khan released, Shaheen sent to jail on judicial remand

He was among half a dozen leaders arrested on Monday
Screengrab via Aaj News
Screengrab via Aaj News
Screengrab via social media
Screengrab via social media

PTI Chairman Gohar Ali Khan was released on Tuesday, a day after the Islamabad police whisked him away from Parliament and arrested him.

An anti-terrorism court in Islamabad discharged him from cases registered at the Sangjani Police Station. Moreover, the court has approved an eight-day physical remand for Sher Afzal Marwat, Zain Qureshi, and Aamir Dogar.

Gohar was among half a dozen leaders arrested last night by the federal capital police. They took them after the National Assembly session.

The PTI leaders were charged with violating the rules of the agreement signed before Sunday’s rally. The public gathering started late and did not end as per the time decided by the two sides.

Cases have been registered against PTI leaders at three police stations, encompassing charges of interfering with government operations, vandalism, and violations of Section 144 – which bans gathering of more than five people – of the CrPC.

Hearing

The federal capital police presented PTI MNA Sher Afzal Marwat in Islamabad’s anti-terrorism court.

Aamir Dogar, Sheikh Waqas Akram, Naseem Shah, and Ahmed Chhatta were also brought before the court. Tight security measures were enforced outside the court, where PTI supporters chanted slogans in favour of Marwat.

ATC Judge Abul Hasnat Mohammad Zulqarnain heard the case against Marwat. At the outset of the hearing, the PTI leader urged the state to reconsider its actions, warning that it could lead the country towards civil war, saying: “It only takes one call to change everything.”

He criticised the inspector general of police in Islamabad and the magistrate, stating they should feel “ashamed for their misuse” of police powers, which he claimed tarnished their image. Marwat called out the charges against him as “baseless,” saying the IGP should be “embarrassed over the fabricated case” against him.

The courtroom was noisy with supporters during the proceedings, prompting both the judge and Marwat to instruct the lawyers to quiet the crowd. Judge Zulqarnain emphasised that no one should speak out of turn and that the lawyers should present their arguments.

The court then inquired about the specific charges against Marwat. The prosecution responded by reading the first information report filed against Marwat and Sheikh Waqas Akram.

Prosecutor Raja Naveed presented the case, stating that the incident in question occurred at approximately 9:30pm and that charges had been filed under anti-terrorism laws. He read the text of the FIR registered at the Sangjani Police Station in court.

The prosecutor claimed that the rally did not conclude at the scheduled time, despite police notifying the organisers. He stated that the organisers refused to end the rally on time and continued making “anti-state speeches” from the stage, asserting: “Do what you want.”

He alleged that the accused were armed and that the station house officers (SHOs) of both Sangjani and Ramna police stations had been “unlawfully detained.”

Judge Zulqarnain questioned the purpose of a physical remand. The prosecutor responded that Khyber Pakhtunkhwa Ali Amin Gandapur had threatened a DSP at “gunpoint,” saying he “would shoot, and that Khalid Khurshid was also armed and attacked the police.”

In response, Marwat challenged the prosecutor, asking if there was any police witness to support such claims, adding that the prosecution needed a remand. The prosecutor further alleged that Shoaib Shaheen had attacked and seized a pistol during the incident.

Marwat challenged the prosecution, stating that if any witness was present, he would confess to the charges. He emphasised that the events of the rally were documented and available for all to see. “If you are truthful, bring the Quran, and I will accept it. If the magistrate swears to it, I will swear that you can have my remand,” he declared.

Police requested physical remand for five PTI MNAs. Marwat questioned the credibility of the police, asking if they had even a single witness to the case. “Is the police capable of such deceit? This is today’s FIR. If one witness comes forward, I swear by Allah, give me my remand,” he asserted. The PTI lawmaker noted that the rally had caused roadblocks throughout Islamabad, which delayed proceedings.

Marwat added that due to the large crowd, he had difficulty breathing and accidentally struck a supporter, an incident that was captured by media outlets. He pointed out that despite the significant events occurring, the media was “largely unaware.”

In a light-hearted exchange, Judge Zulqarnain remarked to Marwat: “Your punch is already famous.”

Marwat argued that the police had not even arrived at the rally site, questioning their role there. He stated that if an incident occurred at the rally, then he and Gandapur were present on stage, yet no one seemed to know what happened.

He asked, “Is it possible for a chief minister to take a weapon from a gunman and hold it to a police officer’s head?” To which Judge Zulqarnain responded that the chief minister is also an important figure.

The PTI MNA dismissed claims that Shoaib Shaheen had pointed a pistol at a DSP, saying: “Shoaib Shaheen wouldn’t even hold a quail, let alone a pistol. He is a respectable man. I carry a pistol because I am an adversary, but I had no firearm at the rally. Is your enmity with the state or someone else? My family lost 72 members for Pakistan; we sacrificed our own for our country.”

He also criticised the Islamabad deputy commissioner, stating that he is a convicted individual, and alleged that both the IGP and the DC were corrupt.

Marwat challenged the prosecution to present any video evidence showing a confrontation involving him. “Just show one video that proves we were involved in any incident,” he insisted. In response, the judge quipped that a person could also be unmarried, suggesting the complexity of relationships and accountability.

The arguments from Marwat concluded, and defence attorney Adil Aziz Qazi began presenting his case. At this point, the court discharged PTI Chairman Gohar from the case.

The defence attorney argued that the evidence leading to Gohar’s discharge should also apply to the remaining accused. He highlighted that an incident occurred on the day of the rally, which was extensively covered by the media.

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Qazi requested the court to also discharge Marwat, Sheikh Waqas, Zain Qureshi, Aamir Dogar, Naseem Shah, and others from the case. He pointed out that robbery charges had been included against the defendants, asserting that there were no witnesses or medical evidence to support these claims.

“These individuals are all parliamentarians, and they should be ashamed of how their arrests were handled,” he stated and added that while a case was registered on the day of the incident at Chungi No. 26, the FIR for this case was filed two days later.

With that, the arguments of Adil Aziz Qazi, the Islamabad Bar Council vice chairman came to a close.

Later, the ATC sent Shaheen to jail on judicial remand in a case registered at the Noon Police Station. Judge Zulqarnain announced the decision regarding Shaheen’s physical remand.

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Barrister Gohar Khan