IHC’s Justice Arbab Tahir expresses dismay over arrests of ‘innocent’ people in wake of PTI protest

Islamabad High Court’s (IHC) Justice Arbab Muhammad Tahir on Friday expressed his dismay over the apprehension of civilians not involved in last week’s PTI protest, following which the capital and Rawalpindi police arrested more than 1,400 suspects.

The remarks come amid claims by the PTI that the police have been discriminating against and racially profiling Pakhtuns as well as invading citizens’ privacy by conducting mobile checks of ordinary citizens to trace party supporters.

On Nov 13, Imran 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”.

In the wake of the protest, human rights organisation Amnesty International demanded a transparent investigation of the state’s “deadly crackdown” to disperse PTI supporters from Islamabad’s D-Chowk, where they had gathered on Nov 26.

Numerous PTI workers were arrested in the ensuing crackdown while multiple cases were filed against the party leadership and supporters. According to the federal capital’s police chief, more than 1,400 suspects have been arrested by the Islamabad and Rawalpindi police.

Justice Tahir today took up a writ petition filed by Saeed Ahmed, brother of Sameer Ahmed, a vegetable vendor who the plea said was arrested from Islamabad’s F-10 and sent on judicial remand.

The petition stated that Sameer was sent to Adiala Jail after being taken into custody in connection with a case filed at Tarnol police station, in which he was not nominated but considered among the unidentified suspects.

It further alleged that Saeed and his father Zahoor Islam were threatened by the police of being arrested when they inquired about the case against Sameer.

Advocate Riasat Ali Azaad, president of the Islamabad High Court Bar Association (IHCBA), as well as the brother and father of the detained vendor, appeared before the court today.

During the hearing, Justice Tahir questioned how the police could “arrest people who were not even part of the protest”, asserting it was “totally wrong”.

The judge then disposed of the petition, ordering Advocate Azaad to plead the case as the complainant’s counsel and directing the police to oversee the matter.

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.

During the three days of protests, at least four security personnel lost their lives, including a policeman and three Rangers officials who perished in a vehicular accident. On the other hand, the PTI has claimed 12 of its supporters died due to an alleged shooting by personnel, which the government has repeatedly denied.

The interior ministry has claimed the protesters included “1,500 hardcore fighters”, while Information Minister Attaullah Tarar has said 190 security personnel were injured, many from stone pelting and slingshots, but also alleged gunfire by protesters.

The Islamabad police chief alleged PTI protesters used automatic weapons alongside slingshots to target law enforcers, adding that the Khyber Pakhtunkhwa police officials were also part of the protest. He said the alleged presence of foreigners among the protesters was a point of concern. About 37 Afghan nationals were arrested in a week, as of Nov 28, according to the officer.

The hearing

Expressing his dismay over the police conduct, Justice Tahir asked: “What are you all doing, arresting people like these?

“This is totally wrong. How can you arrest people who were not even part of the protest?” he added.

To this, Advocate Azaad claimed: “IG sahib is busy chanting political slogans. Batteries have been stolen from lawyers’ cars in G-10 but the police are busy chanting political slogans.”

He went on to say that the police’s job is to protect people.

“Humanity is being humiliated, this is the capital Islamabad, not Balochistan,” the IHCBA president said. “This used to happen in Balochistan but now is also taking place in Islamabad.”

“Now that it is happening in Islamabad, you are feeling it,” Justice Tahir quipped.

Justice Tahir asked the vegetable vendor’s father what he does for a living, to which he replied saying he worked for Bykea.

Saeed, the detained vendor’s brother, informed the judge: “My brother was picked up from F-10 and on December 1 put on the unknown persons’ list in a protest case.

“He had nothing to do with the protest [but] was arrested from a checkpoint.”

Justice Tahir then directed the Islamabad deputy superintendent of police (DSP) legal to look into the case, lamenting again that the police arrested the innocent and sent them on judicial remand. The DSP Legal affirmed that he would look into the case and remain in touch with the affected family.

Directing Advocate Azaad to fight the petitioner’s case and file Sameer’s bail application in a trial court, the judge disposed of the petition.