In a dramatic turn of events, the Islamabad police arrested former Punjab Chief Minister Chaudhry Parvez Elahi, despite orders from the Lahore High Court (LHC) prohibiting his arrest in connection with any First Information Report (FIR) or inquiry. This has caused a legal and political storm in both Rawalpindi and Lahore.

Concerns about the power structure and rule of law in Pakistan have been sparked by the arrest.
The federal capital police in Lahore detained Chaudhry Parvez Elahi, a major political figure and the president of the Pakistan Tehreek-e-Insaf (PTI), under Section-3 of the Maintenance of Public Order (MPO).
Islamabad District Magistrate Irfan Nawaz Memon ordered the change.
The arrest came as a surprise given that the Lahore High Court had just ordered his freedom and specifically told the Punjab police, the National Accountability Bureau (NAB), and any other relevant law enforcement agencies that they were forbidden by law to attempt to apprehend him.
Elahi was stopped and arrested as he drove down Canal Road.
Elahi was at first expected to be held in Rawalpindi’s Adiala Jail. Later, though, the authorities changed their minds and transferred him to a high-security section of the Attock District Jail.
The Islamabad district magistrate issued the order under 3 MPO, citing the fact that Elahi was a prominent PTI leader and that the city of Islamabad was home to many PTI followers. He voiced concern that Elahi and other PTI members would undermine security in the capital city.
A senior superintendent of police (SSP) from the Special Branch and the Intelligence Bureau (IB) recommended Elahi’s detention for 15 days based on information gathered by the Divisional Intelligence Committee, he said. It stated that Elahi could go to court to dispute the order.
Justice Amjad Rafiq issued a clear directive during the LHC proceedings ordering NAB to release Elahi and stating that he “shall not be arrested in terms mentioned therein including the NAB or any other authority/agency/office etc.,” meaning that Elahi “shall not be detained under any law relating to preventive detention.”
Justice Rafiq, who presided over the case, made it clear that he was unhappy with the actions of NAB and the provincial government. A warrant for the NAB director general’s arrest will be issued, he warned, if Elahi wasn’t brought before the court within an hour.
A letter from the province government was also read in court, explaining that the delay in producing Elahi was due to continuing security operations against terrorism and threats against politicians.
The study from the Counter-Terrorism Division (CTD) seems to back up these fears. While these attempts were being made, Justice Rafiq issued a stern warning against “ping-ponging with the court.”
After several postponements, Elahi was brought before the court, where he was released by NAB at Justice Rafiq’s direction. It appeared that the Lahore High Court’s prior directive had been upheld by this ruling.
The Appeal of Elahi
Chaudhry Parvez Elahi argued in his plea that his arrest by NAB was in direct defiance of the LHC’s judgment, which expressly forbade his arrest in unknown FIRs or pending enquiries.
Elahi argued that the NAB’s investigation that began on June 9, 2023, lacked openness. Despite the court’s direction that the NAB divulge any criminal charges or pending inquiries against him, the NAB did not do so in this case.
Elahi claimed the investigation was a “blind or unknown inquiry,” making it illegal for the respondents (ACE, FIA, NAB, CCPO, DIG of police operations, and others) to place him under arrest.
In light of the court’s orders from July 13, 2023, his arrest in conjunction with such an investigation was an obvious violation of the law. A declaration that the fresh inquiry that led to the August 25 call-up notification constituted a violation of the court’s orders was also sought in the petition.
The petition also asked the court to order the respondents to refrain from arresting the petitioner in connection with any future criminal prosecution, inquiry, or investigation. Elahi’s access to justice in the event of future criminal proceedings was also an aim of the document.
Effects on Politics
The events surrounding the arrest and ensuing court battle of Chaudhry Parvez Elahi are not unique.
The PTI’s Core Committee has spoken out against his imprisonment and called for his release, causing a political uproar.
The committee has also voiced its support for PTI South Punjab President Senator Aun Abbas Bappi and its deep worry for the ongoing trial of PTI Chairman Imran Khan.
The committee also looked at the Supreme Court hearing when Imran Khan argued against changes to the National Accountability Bureau (NAB) law.