Police officials escort Fawad Chaudhry to court in Islamabad. Muhammad Reza-Anadolu Agency—AFP
A district and sessions court in Islamabad late on Wednesday approved a two-day physical remand for Pakistan Tehreek-e-Insaf (PTI) Senior Vice President Fawad Chaudhry in a sedition case registered against him by the Election Commission of Pakistan (ECP).
Presenting the former information minister in court, the Islamabad Police had sought an eight-day physical remand, but the court said this was not merited and directed authorities to present the PTI leader on Jan. 27 after a two-day remand. Subsequently, Fawad was shifted by Islamabad Police to the Counter-Terrorism Department complex in Sector H-11.
Earlier, while the ruling was pending, police transferred the PTI leader to the Pakistan Institute of Medical Sciences for a medical checkup, which declared him in good health.
During proceedings, Fawad’s lawyers denied the charges against their client and sought the case’s dismissal, arguing that the case was politically motivated and should have been registered in Lahore—where Fawad uttered the offending remarks—rather than Islamabad.
Case proceedings
Commencing the hearing, the ECP’s lawyer said the electoral watchdog was a “constitutional institution” that had been targeted under a “well-thought-out plan.” Fawad attempted to comment on these statements but was told not to intervene by the judge. The counsel maintained that Fawad’s press conference had aimed to incite the general public, and he had also threatened the family members of the ECP’s members. “We also have electronic evidence against Fawad Chaudhry,” he said, adding that the PTI leader had already accepted that he had voiced the threats. “So, isn’t it our right to decide something against Fawad Chaudhry?” he questioned.
Initially offering his own defense, the PTI leader said a sedition charge had been included in the FIR against him and equated himself to renowned rights activist Nelson Mandela. “If they keep resorting to such measures, then democracy cannot survive here and no one will be able to criticize [institutions],” he said, claiming that the ECP lawyer’s argument was tantamount to equating criticism with treason.
He also appeared to try to offload blame by claiming he had been “misquoted” and was offering party policy, not necessarily his personal views. “I am a senior lawyer, parliamentarian, and a former federal minister. I am not a terrorist. Moreover, the investigation officer did not interrogate me,” he said, claiming his arrest had been “illegal” and the case should be dismissed.
Fawad’s lawyer, his brother Faisal Chaudhry, questioned why his physical remand was required. “Physical remand is sought when there is something specific that needs to be investigated,” he said, while lawyer Ali Bukhari maintained that the case should have been registered in Lahore, not Islamabad.
The prosecution, however, argued that it needed to recover Fawad’s laptop, mobile phone, and other devices, adding that it also needed to conduct ‘voice-matching’ tests to establish the PTI leader’s guilt.
Presenting his arguments, Advocate General (Islamabad) Jahangir Jadoon said it was extremely difficult to prove cases that fall under Section 124-A (sedition) of the Pakistan Penal Code. “The court should decide whether or not the case attracts Section 124-A. The election commission has already issued notices to these three—Fawad, Imran Khan, and Asad Umar—but none of them are appearing before it,” he said.
Another lawyer for Fawad, meanwhile, claimed that while the case was not of treason, Fawad accepted that some of the things he said were “wrong.” The ECP’s counsel, however, sought a quick verdict, saying the suspect’s lawyers were “trying to get a decision” of their choice by tiring the court. He said the investigation could only move ahead if Fawad cooperates.
The arguments then concluded, with the judge reserving his verdict that was later issued.
The PTI leader was arrested outside his Lahore residence early on Wednesday a few hours after he “threatened” members of the ECP and their families during a media interaction. Originally taken into custody by Punjab Police, he was handed over to Islamabad Police, which secured a transit remand before shifting him to the federal capital. The PTI attempted to prevent his transit by approaching the Lahore High Court, but Fawad had already been taken out of Lahore when the case commenced and the judge directed the petitioners to approach the Islamabad High Court.