PESHAWAR: The Peshawar Excessive Court docket on Friday put the provincial anti-corruption institution (ACE) on discover looking for its response to the petition of the detained former Nationwide Meeting speaker, Asad Qaiser, for his switch from Rawalpindi’s Adiala Jail to any jail within the province.
A bench consisting of Justice Syed Arshad Ali and Justice Wiqar Ahmad mounted Nov 16 for subsequent listening to into Mr Qaiser‘s petition directing the ACE director to file a response to it by then.
Mr Qaiser, a central chief of the Pakistan Tehreek-i-Insaf (PTI), was arrested by law- enforcement businesses in Islamabad on Nov 3 throughout a raid on his home in Banigala space in reference to a case registered by the ACE at its police station in Swabi.
Advocate Mohammad Inam Yousafzai appeared for him and stated that on the time of the arrest of his shopper, the Islamabad police had claimed {that a} case was registered in opposition to him by the ACE.
Qaiser requests PHC to order his shifting from Adiala Jail to KP
He added that on Nov 4, the petitioner was produced earlier than a judicial Justice of the Peace in Islamabad who despatched him to the judicial lock-up resulting in his detention in Rawalpindi’s Adiala Jail.
He stated that senior civil decide and judicial Justice of the Peace Qudratullah, whereas ordering the sending of the petitioner to jail, directed the ACE to finish authorized formalities inside every week to take him in custody.
Mr Yousafzai contended that regardless of the registration of the case in Swabi, the petitioner hadn’t been shifted to Khyber Pakhtunkhwa and continued to be detained in Rawalpindi.
He argued that it was illegality on a part of the federal government to not shift the petitioner to a jail in KP.
“When a suspect is arrested in reference to a case registered in one other province, she or he needs to be shifted to that province, whereas his or her custody must be obtained by the complainant company,” he stated.
The lawyer stated the petitioner couldn’t be stored in Adiala Jail for an indefinite interval.
An extra advocate basic objected to the petition and contended that it was not within the jurisdiction of the Peshawar Excessive Court docket because the petitioner was arrested in Islamabad.
He argued that the petition was liable to be dismissed.
Nevertheless, Mr Yousafzai argued that because the Islamabad police claimed that the petitioner was taken into custody below Part 54 of the Code of Legal Process in reference to an FIR registered in Swabi, the matter fell within the jurisdiction of the PHC.
He added that the continual detention of the petitioner in Adiala Jail was primarily based on political victimisation and that the case registered by the ACE was concocted.
The FIR was registered by the ACE in opposition to the petitioner and 4 officers of the well being division on Nov 2, 2023, below sections 409, 162 and 167 of the Pakistan Penal Code and Part 5(2) of the Prevention of Corruption Act.
It has claimed that the accused had dedicated irregularities within the buy of apparatus for the Gajju Khan Medical School inflicting a lack of Rs16.4 million to the exchequer.
The FIR stated that the central processing unit of the electromyography machine was lacking from the hospital, whereas “faulty” furnishings was bought for it.
Revealed in Daybreak, November eleventh, 2023
