ISLAMABAD: A local court, on Tuesday, rejected the post-arrest bail petition of Awami Muslim League (AML) Chief and former interior minister Sheikh Rasheed in a case of levelling allegations against co-chairman of Pakistan Peoples Party (PPP) Asif Ali Zardari for plotting to assassinate Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan.
The Judicial Magistrate, Umar Shabbir, while announcing its reserved judgment dismissed Rasheed’s bail plea. The court its written order said that it is a case of recidivism, and, there is a danger of the offence being repeated if the accused is released on bail. The prosecution pointed out that even during his incarceration when he was taken to Polyclinic hospital, Rasheed made derogatory remarks against the foreign minister and thereafter, he not only used abusive language against the interior minister but also hurled abuses.
It said that the statement of the accused was widely circulated through social media, as well as, electronic media; therefore, these statements cannot be taken for granted. The foreign minister also belongs to the PPP; therefore, the statement of the petitioner is nothing less than recidivism, and if he can make such statements during the course of police custody, then the court has every reason to believe that he will repeat the offence if enlarged on bail. Therefore, the case of the petitioner falls within exceptions for refusal of bail as graciously observed by the Supreme Court of Pakistan in the Tariq Bashir case.
Keeping in view the above circumstances, it is a case where the court is constrained to restrain itself from granting discretionary relief of bail in favour of the petitioner and the precedent law, as developed by honourable superior courts of the country, empowers this court to exercise such restraint. As a necessary concomitant to above discussion, the bail petition stands dismissed being without force, the order says.
Rasheed’s counsel Sardar Abdul Raziq, while arguing before the court, said that the interview went on-air on January 29, while the complaint was filed on January 27, which suggests the malafide on the part of the prosecution. He further said that initially an inquiry was initiated and a notice was issued to his client. His client challenged the notice in the Islamabad High Court (IHC), he said, adding that the IHC suspended the notice.
He further argued that none of the offence levelled in the FIR attracts in this case, and the person who has been allegedly defamed has not initiated any criminal action, instead, he has only issued a defamation notice to Imran Khan; therefore, if he has not felt any danger to his life or the life of his family, then, how a private individual who has no direct nexus with them can lodge the complaint.
The defence counsel said that the case against Rasheed was only registered to take political revenge. He also claimed that during the search carried out by the police at his client’s home, they took Rs700,000 and valuable items. The lawyer claimed that two bullet-proof cars at his client’s home were also impounded.
He requested the court to grant bail to his client. Adnan Ali, the deputy district prosecutor, while opposing the bail application said that the legal objections raised have already been discussed and decided by this court in the orders of granting physical remand, thus, the objections are not tenable at this stage.
Copyright Business Recorder, 2023
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