The court’s decision came after a hearing led by Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz.
They reviewed the remand order and expressed concern over the length of the physical custody granted without sufficient reasoning.
The Chief Justice remarked that the remand orders appeared identical and questioned why such an extensive period of custody had been authorized.
During the hearing, the Chief Justice criticized the content of the First Information Report (FIR), describing it as “comedic” and questioning the seriousness of the charges.
“This FIR could be a script for a comedy film,” Justice Farooq said.
Prosecutors had claimed that dangerous speeches were made by PTI leaders during a rally.
However, the court responded by emphasizing the right to a fair trial and criticized the authorities for arresting the members directly from parliament without proper procedures.
After listening to arguments from both sides, the court nullified the physical remand, citing a lack of solid evidence to justify it.
The IHC also questioned the handling of the case by law enforcement and suggested there may be further inquiries into the matter.
Insaf (PTI) leaders were arrested in connection with cases registered during a recent party rally.
The Islamabad High Court had postponed the case until tomorrow, with a special two-member bench expected to hear the matter at 10 am despite the usual absence of such a bench on Fridays.
The decision was issued by a bench comprising Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz, following petitions filed by the arrested members of the National Assembly.
During the hearing, the Prosecutor General opposed the suspension of the remand, arguing that such a decision could send a “negative signal.”
Chief Justice Farooq responded, questioning what negative impression could arise from the order.
He further observed that if the court issued such an order, the accused would be sent to judicial custody, and the remand order could not be upheld in its current form.
The defense counsel argued that the trial court had extended the remand without providing sufficient reasoning, asserting that lengthy physical remands should be avoided.
The prosecutor, however, defended the remand decision by reading out the details of the FIRs filed against the accused.
This development comes as ten arrested PTI members were recently issued production orders to attend the National Assembly session.
Previously, police stormed the parliament on Tuesday, arresting several prominent Pakistan Tehreek-e-Insaf (PTI) leaders, including Sahibzada Hamid Raza, head of the Sunni Ittehad Council (SIC).
A day after PTI ventured into a legal minefield to stage its rally in the capital, the government wasted no time on Monday to arrest its leaders for flouting the last-gasp laws hastily enacted ahead of the highly anticipated event – widely seen as a test of embattled party’s political muscle.