The Lahore High Court (LHC) has put the government under notice on a bail application moved on behalf of Javed Hashmi, member of the National Assembly after a brief hearing in Rawalpindi on Thursday morning. A single bench comprising Justice Akhtar Shabbir also summoned the record of the case of the legislator's trial from the Sessions Judge, Chaudhary Asad Raza sentencing him for various periods for "abetting mutiny, sedition, forgery and defamation" in April last.
The bail plea accompanies an appeal against the conviction of acting president of Nawaz Sharif faction of Muslim League and president of the Alliance for Restoration of Democracy (ARD).
The court ordered summoning of trial record and the bail application following arguments by Muhammad Akram Sheikh contending the first information report (FIR) against the former federal minister was registered incorrectly as only the Speaker of the National Assembly as "Custodian of the House" could lodge a complain for an "incident occurring within the precincts" of the Lower House.
Javed Hashmi was arrested on October 10 last year after making reading out from a letter that he claimed was sent to him by an anonymous soldier expressing incipient current of sentiments among his comrades against the military rulers of the country.
After his trial the sessions judge sentenced him for hard labour for "seven years for abetting mutiny, three years for sedition, four years each for forgery of the letter and also cheating, two years for forgery for purposes of harming reputation, one year for defamation and two years for making statement conducive to public mischief". The sessions judge also fined him.
In his twin petitions - appeal against conviction and bail - Akram Sheikh said that the "findings of the trial judge were based on surmises and conjectures rather than sound legal basis or any evidence on record. He dubbed the FIR against his client as "false and malicious".
The counsel argued the immunity a legislator enjoyed while speaking in the House or its cafeteria that was privileged under article 66 of the constitution. He also recalled the Constituent Assembly (Proceedings and Privileges) Act of 1955 adding that those were similar for its members and committees to those of the House of Commons.
The counsel also objected to Hashmi's trial in a secluded room of the Adiala Central Jail at Rawalpindi was akin to prosecution in camera and violated fundamental rights guaranteed by the constitution as well as the UN's Declaration of Human Rights.