ISLAMABAD: The Supreme Court on Wednesday denied the government of Punjab’s appeal for physical remand of the PTI’s Founder.
“The government of Punjab, if intends, it could go to the trial court,” apex court said.
“PTI founder’s lawyers have right to oppose the filed petition,” the bench remarked.
“No question of physical remand arises after over 18 months passed to arrest,” Justice Hashim Kakar said.
“We have to conduct photogrammetric, polygraphics and voice matching tests of the accused,” prosecutor said. “The plea made for physical remand, not for the tests,” Justice Kakar remarked.
“No such tests conducted in a murder or rape case,” Justice Salahuddin Panhwar observed. “Hopefully the government would also act as promptly in common man’s cases,” he said.
Earlier, the prosecutor said that the accused not cooperating in tests. “The accused has been in custody, how a detained person could not cooperate,” Justice Kakar asked.
“Trial court granted physical remand, the high court rejected the decision with detailed reasons,” Justice Kakar said. “The plea has become ineffective, physical remand could not be granted”.
“Do you have the USB of evidence against the accused. If you have USB conduct its forensic,” Justice Panhwar told the government lawyer. “We don’t want custody of accused from jail, only want his cooperation,” prosecutor said.
“The prosecution got 30 days remand of accused from the trial court, the high court rejected trial court’s decision,” PTI founder’s lawyer Salman Safdar said. “Physical remand got without producing accused before the trial court,” PTI counsel said. “My client was produced before the court on video link for remand,” Salman Safdar said.
“The prosecution after the FIR neither show his arrest nor conducted tests for up to 14 months,” PTI counsel said. “When my client was acquitted in cypher and Iddat case, they declared his arrest,” the lawyer said.
“Prosecution failed to convince the Lahore High Court for Polygraphics test,” PTI lawyer said.
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