Sindh: The Sindh High Court (SHC) on Wednesday Issued interim bail for 20 days to former President and Pakistan Tehreek-e-Insaf (PTI) leader Dr. Arif Alvi. The bail was granted after Alvi approached the court, citing multiple cases. Which was filed against him for his alleged involvement in a peaceful protest on November 24.
Background of the Protests
The protest in question was part of a nationwide demonstration called by PTI founder Imran Khan. The protests were organized to reclaim PTI’s electoral mandate. They demand the release of jailed party members, and overturn the 26th Amendment. Which Khan contended had reinforced authoritarian rule.
However, the protests escalated into violence when PTI supporters entered Islamabad’s Red Zone, a prohibited area. Clashes between protesters and law enforcement agencies resulted in casualties. PTI reporting the deaths of 12 supporters, while the government claimed the loss of one policeman and three Rangers personnel.
In the aftermath of the protest, over 900 PTI supporters were arrested for violating state orders and allegedly resorting to violence.
Details of the SHC Hearing
The SHC bench, comprising Justices Salahuddin Panhwar and Adnanul Karim Memon, heard Alvi’s petition. The court granted him bail in three cases, instructing him to provide a surety bond of Rs. 50,000.
The bench also referred the case to the SHC’s constitutional bench for a detailed hearing. The constitutional bench is expected to examine the broader issues surrounding the cases registered against Alvi and other PTI members.
The Petition’s Arguments
Alvi’s petition highlighted the following points:
- Peaceful Nature of Protests: The petition claimed that the November 24 protests were peaceful, yet cases had been lodged against Alvi and other PTI members under serious charges, including provisions of the Anti-Terrorism Act.
- Political Pressure: Alvi’s lawyer, Barrister Ali Tahir, argued that the cases were politically motivated to exert pressure on the former president and the PTI leadership.
- Specific Cases: The petition listed three First Information Reports (FIRs) filed against Alvi at Pir Pahai Police Station (Mianwali), Taxila Police Station, and Sadiqabad Police Station (Rawalpindi).
- Request for Relief: The petition requested protective bail for 20 days, allowing Alvi to approach relevant courts for further legal proceedings. It also sought a halt to his arrest by Sindh Police and requested that his name not be included in any undisclosed FIRs.
Court’s Observations
The SHC noted the importance of constitutional protections and fundamental rights in such cases. While granting bail, the court emphasized that the constitutional bench would review the broader legal and constitutional issues surrounding the charges against Alvi.
Implications of the Bail
The protective bail allows Arif Alvi to avoid immediate arrest and provides him time to seek legal remedies from the relevant courts. This decision underscores the judiciary’s role in ensuring that legal and constitutional rights are upheld, even in politically charged situations.
Political Context and Accusations
The protests and subsequent cases reflect ongoing tensions between the PTI and the government. The PTI has repeatedly pointed at the government of using state machinery to suppress dissent and silence opposition leaders.
Alvi’s legal team has argued that the cases are an extension of this alleged campaign, aiming to curb political freedom and intimidate PTI members through legal action.
Conclusion
The SHC’s decision to grant protective bail to Arif Alvi highlights the judiciary’s balanced approach in politically sensitive matters. While the court refrained from commenting on the merit of the cases, it underscored the need to safeguard fundamental rights, including the right to a fair trial.
The outcome of the constitutional bench’s review and subsequent legal proceedings will likely set a precedent for handling politically motivated cases in Pakistan. For now, Alvi’s bail provides temporary relief as the legal battle continues.
