Justice Tariq Mahmood Jahangiri set aside his arrest under the Maintainance of Public Order.
When proceedings began on Tuesday, Elahi’s lawyer was asked to read out the arrest order under MPO. He argued that the former CM could not have created a threat to public law and order since he had been incarcerated for the last three months.
The lawyer added that Elahi had not even issued a single statement in the last three months, let alone address a rally in Islamabad.
When the judge asked when Elahi had first been arrested, his lawyer replied he had been in jail since June 1.
Elahi had been released from the custody of the National Accountability Bureau by the Lahore High Court on Friday after spending three months in jail. However, plain clothed men had dragged him off in an unregistered vehicle from outside the court.
It was later revealed that Islamabad police had taken him into custody under the MPO.
The arrest came despite the fact that the LHC had ordered that Elahi should not be arrested in any other case either.
A contempt case against the arrest had also been filed, with the LHC ordering on Monday that Elahi should be produced before the court.