IHC seeks NA secretary's report on Shireen Mazari's arrest

• Notification of formation of inquiry commission to probe Shireen's arrest presented in IHC.
• Commission to conduct transparent review of allegations of misuse of authority in arrest.
• To send recommendations to federal cabinet by July 4.

ISLAMABAD: The Islamabad High Court on Thursday sought a report from the National Assembly secretary on the May 21 arrest of senior PTI leader and former federal minister on human rights Shireen Mazari.

The directive came during the hearing of the petition filed by Shireen's daughter Iman Mazari, against the arrest, as IHC Chief Justice Athar Minallah termed the arrest as unlawful.

The former human rights minister, according to Geo News, was taken into custody in a case related to the encroachment of a piece of land in District Rajanpur.

"This court's opinion about it [arrest] is that the action hadn't been taken as per the legal process," CJ Minallah remarked.

Later, the notification for the formation of the inquiry commission to probe Shireen's arrest was presented before the court.

The notification issued by the Cabinet Division stated that the three-member commission will be headed by former law secretary Justice retd Shakoor Paracha. The other two members are former inspector-general Noman Khan and former federal secretary Dr Saifullah Chattah.

As per the Terms of Reference (TORs) mentioned in the notification, the commission will investigate Shireen's arrest and conduct a transparent review of the allegations of misuse of authority in the arrest.

It further stated that the commission will send the recommendations to the federal cabinet by July 4, while the Islamabad administration will provide secretariat support to the commission.

At the outset of the hearing today, Shireen and Imaan appeared before the court with their lawyer, Ali Bukhari. Bukhari raised an objection that the inquiry commission issued a notification on June 4.

He complained that no progress has been made in regard to the commission nor my client has been summoned for investigations.

He also asked the court to inquire from the deputy attorney general whether his client's application to include the investigation of criminal proceedings against her in the ToRs had been accepted.

'PTI govt also put MNAs in prisons happily'

At this, Justice Minallah said that the court cannot supervise the commission.

"Let them do their work. You can submit another request if you have any objection in the future," the judge remarked.

Meanwhile, the IHC chief justice inquired if the National Assembly speaker issued a report in this regard.

Responding to the query, Deputy AG Arshad Kiyani said that no such report has been handed over to him.

Justice Minallah said that Ali Wazir is also an MNA and he is in prison.

"When they [PTI] was in the government, they also put MNAs in prison happily," the judge remarked.

The hearing was adjourned till July 7.

The arrest

Punjab’s anti-corruption department had arrested PTI leader Mazari today afternoon, but hours after the authority's move, Chief Minister Punjab Hamza Shahbaz ordered her immediate release.

The former human rights minister, according to Geo News, was taken into custody in a case related to the encroachment of a piece of land in District Rajanpur.

In a three-page order, IHC CJ Athar Minallah said: "The authorities shall explain under what authority of law the fundamental rights of Dr Shireen Mazari were violated while she was within the jurisdiction of this Court."

The IHC's order came after the PTI leader's daughter, Imaan Zainab Mazari-Hazir, filed a petition against her mother being "illegally abducted by officials of the Punjab Police".

The court noted that the ex-federal minister was not de-notified as a member of the National Assembly, therefore, her arrest was not in line with the law as before any MNA's arrest, the NA speaker should be informed.

The case against the PTI leader was filed at the request of Deputy Commissioner Rajanpur, after which, the Anti-Corruption Establishment Punjab registered the FIR.

Mazari is accused of encroaching upon a piece of land. A complaint was lodged against her on March 11, 2022, while AC Rajanpur was directed to inquire into the matter.

The official concerned prepared the report of the case on April 8 and in the light of this, the Anti-Corruption Establishment registered a criminal case under its Rules 2014.

Following the arrest, the PTI moved the Islamabad High Court (IHC) and announced to hold country-wide protests later today.