PTI protest: Defence counsels allege police flout ATC orders with ‘81’ rearrests after suspects discharged

Defence counsels of suspects rounded up in connection with last month’s PTI protest in Islamabad alleged that the capital police flouted the anti-terrorism court’s (ATC) orders and rearrested 81 individuals after they were discharged from cases on Saturday.

Dawn.com has reached out to the police for comment on the matter.

On November 13, PTI founder Imran Khan issued a “final call” for nationwide protests on Nov 24, demanding the restoration of the PTI’s electoral mandate, the release of detained party members, and the reversal of the 26th Amendment which he said had strengthened a “dictatorial regime”.

A day of pitched battles between security forces and PTI protesters across the federal capital ended in a hasty retreat of the party’s top leadership and supporters from the Red Zone in the early hours of Nov 27. At least six lives were lost in the three days of protests, which included a policeman and three Rangers officials who were knocked down by a speeding vehicle, officials and hospital sources said. Claims and counter-claims over deaths purportedly caused by law-enforcement action against the PTI marchers remain a major bone of contention between the government and the opposition party.

The police rounded up more than 1,400 party supporters in Rawalpindi and Islamabad in a subsequent crackdown as it registered over a dozen cases against the party leaders and workers. The arbitrary manner of arrests by the police has irked the Islamabad High Court which has expressed displeasure over the manner of some arrests.

ATC Judge Abul Hasnat Mohammad Zulqarnain presided over various hearings today and on Friday in which suspects were presented in court for requests for their physical remand. Many of the individuals were discharged with the judge ordering the police that they not be rearrested.

However, in a video statement later, defence lawyer Ansar Kayani said there were three cases at different police stations in which 54, 16 and 59 suspects were presented. He said all suspects were discharged in the first two cases and 11 in the third with a total of 81 suspects discharged and the judge ordering their release today.

“Look at the police highhandedness after that. Personnel from two to four different police stations arrived, surrounded, and sealed all sides and entry/exit points of the ATC,” he alleged, adding the police officers stationed themselves around the ATC instead of providing the discharged individuals their legal right of release.

“It was their right to be released. We did our best. The media was also there and reported that people were inside the court and all of them were forcefully arrested from the inside the court building and taken to police vans,” he alleged, adding that the incident contravened a Supreme Court ruling that prevented arrests from inside the court without a legal arrest order.

Kayani alleged that the apex court and Islamabad High Court’s directives in this regard were violated. He added that the defence counsels would challenge the move in the high court and he would petition the IHC on Monday for the release of those detained today.

Videos from outside the ATC showed the police detaining and taking those coming out of the court away. A Dawn.com correspondent at the scene reported that the police pushed media personnel away from the scene with a station house officer threatening to arrest and file a case against any person who did not comply.

Visuals showed and the correspondent reported that those discharged remained inside the ATC’s judicial complex amid the alleged police action underway outside. Kayani said he had alerted the court authorities about the police action.

PTI lawyer Fatehullah Burki also criticised the police’s “oppression and fascism” while speaking to the media outside the court and called on it to desist from its action otherwise contempt proceedings would be sought against the force.

PTI Central Secretary Information Waqas Akram said the party strongly condemned the events and had ordered the Insaf Lawyers Forum to provide legal help to those rearrested.

The correspondent reported that the police later arrested all those present inside the judicial complex.

Among many hearings today, Judge Zulqarnain presided over the proceedings for 56 suspects who were presented in court after their identification parade was completed.

Personnel from the Banigala, Shahzad Town, Tarnol and I-9 police stations appeared in court and requested a 20-day physical remand for the suspects which was opposed by Kayani, arguing that the police had arrested the suspects from their homes prior to the protest.

“They don’t want to recover anything from the suspects. The police have only completed their numbers,” Kayani said.

Rejecting the police request, the judge sent 50 individuals on judicial remand and discharged six others after getting their handcuffs taken off, ordering the police to not rearrest them.

Similarly, the judge presided over a hearing for 36 suspects last night who were presented regarding cases at I-9 and Margalla police stations.

The police requested the court for a 30-day physical remand for the suspects, stating that the suspects were arrested on Nov 25, however, no identification parade was carried out.

At this, Kayani said: “Their identification parade has not been completed and the police are asking for a remand,” adding that the police had even detained labourers from their homes to “complete their numbers”.

Consequently, the judge directed the police to discharge the suspects arrested in the cases registered at the two police stations after ordering that their handcuffs be taken off.

“If the police arrest them again then I will put them [police] in handcuffs,” the judge said.

Yesterday, an Islamabad ATC granted bail to three teenagers arrested in a case registered by the Secretariat police station pertaining to the protest.

The youngsters, aged 14, 16, and 17.5 years, were released on bonds of Rs10,000 each. The court expressed its displeasure with the police for failing to produce necessary records in a timely manner.