Hammad Azhar’s mother, wife move LHC for access during 21-day physical remand

The mother and wife of Pakistan Tehreek-e-Insaf (PTI) leader Hammad Azhar on Saturday approached the Lahore High Court (LHC), seeking permission for access and visitation by family and legal counsel during the suspect’s 21-day physical remand.

The petition, filed by Ishrat Azhar and Mariam Hammad, challenges the September 17 order of the Anti-Terrorism Court (ATC) that directed the petitioners to approach the police for access to the held PTI leader.

In their petition, the applicants said that denying them access to Azhar during physical remand was “unlawful” and sought directions from the high court to allow them and his counsel to meet him in accordance with the law.

It further said that the ATC “misinterpreted” Punjab Police Rule 1934 Chapter 26 clause 28 (Interview with prisoners), by directing the petitioners to approach the station house officer (SHO) for a meeting with Azhar. The petition claimed that the rule provides an alternative, rather than cumulative, avenue for obtaining permission to communicate with a prisoner in police custody.

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According to the plea, the ATC granted a 21-day physical remand of Azhar on September 7. His mother and wife subsequently moved an application before the ATC on September 10, seeking permission to meet him and requesting access for his lawyers as well.

A week later, the ATC disposed of their application and directed them to approach the Sarwar Road Police Station SHO for the requested meeting. The petitioners have challenged this order before the LHC, describing it as contrary to constitutional and procedural safeguards.

The petition further argued that Article 10 of the Constitution protects an arrested or detained person’s right to consult a legal practitioner of choice, while Article 10-A guarantees fair trial and due process.

It maintained that meaningful access to legal counsel is particularly important while an accused is in police custody and cannot be denied merely because he is on physical remand.

The petitioners further relied on Rule 12(ii), Part B of Chapter 11, Volume III of the Lahore High Court Rules and Orders, arguing that it recognises an accused person’s right to assistance from counsel and communication with relatives and friends.

The petitioners also submitted that the ATC failed to harmonise the aforementioned provision with Rule 26.28 of the Police Rules and instead imposed an unwarranted restriction on their access to the suspect.

The plea outlined that after being directed by the ATC to approach the SHO, the petitioners submitted an application to the police, but the SHO allegedly refused to receive it, leaving them without an effective means of securing the access contemplated by the ATC order.

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The petitioners have expressed concern over the PTI leader’s safety, well-being, and lawful treatment in custody, arguing that continued denial of access to his family and lawyers was depriving him of an opportunity to obtain legal advice and pursue remedies.

They have asked the LHC to grant “reasonable and regular” access to the suspect’s family and lawyer during the remand period.

Case Background

Azhar was arrested in Multan on September 6 and handed over to Lahore police for further proceedings, police sources told The Express Tribune.

According to police, Azhar was involved in several cases related to the May 9 events and had been declared a proclaimed offender since May 9, 2023.

The sources further claimed Azhar was detained near the RA Bazaar area and was taken into custody from the home of a close friend. The PTI leader was wanted in the May 9 case involving an attack on the Government Officers’ Residence (GOR) Gate, they said.

ATC had declared Azhar a proclaimed offender over his non-appearance, while the court had also issued his permanent arrest warrants, according to police sources. The sources also said Azhar had been handed over to the investigation wing.

“He is a nominated accused in more than 50 cases related to the May 9 events.”