ISLAMABAD: The Islamabad High Court (IHC), on Thursday, granted post-arrest bail to Pakistan Tehreek-e-Insaf (PTI) leader Shahbaz Gill in a sedition case registered against him.
A single bench of Chief Justice Athar Minallah heard Gill’s petition, wherein, the PTI leader stated that evidence of torture was found on him and thus, the court may grant him post-arrest bail in this matter.
The IHC bench accepted Gill’s bail petition and directed him to furnish surety bonds worth of Rs500,000. Gill in the evening was released from Adiala Jail. During the hearing, Gill’s counsel Salman Safdar Advocate said that the case against his client was registered under 14 different sections of the Pakistan Penal Code on the basis of a “speech”.
He argued that the case against his client was registered under malicious intent and was politically motivated, adding that the entire case revolves around a speech. Safdar further said that the investigation had already been completed and nothing was recovered from Gill.
The IHC chief justice asked whether Gill had actually made the statements quoted in the FIR. He further inquired how you would justify such comments coming from a party representative and why political parties drag the armed forces into politics.
Gill’s lawyer replied that statements from the complainant of the case had been a bigger cause of anarchy and Gill’s speech did not cause as much anarchy as the complainant had done. He alleged that some parts from Gill’s remarks had been removed and only some parts were put together to make a case.
He argued that the PTI leader had not made a single utterance against the armed forces and claimed that different sections of his speech were taken out of context due to ulterior motives. The petitioner’s counsel also contended that nobody else has the right to file a case on behalf of the armed forces.
Justice Minallah remarked that the armed forces are not so weak that someone’s irresponsible statements would affect them. He also said that in no way Gill’s irresponsible statements could be justified.
Then, the bench asked whether the government’s permission was sought before the registration of the case? Safdar said that the government was not consulted on the matter. However, Special Prosecutor Raja Rizwan Abbasi contradicted him and said the government’s permission was indeed sought in this regard. The court also inquired from the prosecution whether the investigation revealed if Gill had contacted a soldier to instigate mutiny. Abbasi responded that not one but all soldiers were instigated by Gill.
The court nonetheless held that no solid evidence had been found so far against Gill and therefore, he could not be refused bail. Justice Minallah observed that this court had a consistent stance on bail. He added that after final acquittal, the time spent under arrest cannot be compensated for. The prosecutor contended that his track record shows that Gill could make remarks similar to this case in the future, as well. The bench said that if he does this again, a plea can be filed in the trial court, and granted the PTI leader bail against Rs500,000 surety bonds.
Copyright Business Recorder, 2022
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