A district and sessions court in
Islamabad on Tuesday rejected the bail pleas of PTI leaders Shah Mehmood
Qureshi, Asad Umar and Asad Qaiser in two separate cases related to the May 9
vandalism. Television footage showed. It is said that Qureshi and Asad Umar
hurriedly walked towards the car and left the court after the verdict was
pronounced. So far, none of the three leaders have been arrested, but another
suspect, Khan Bahadur, has been detained.
Asad Umar, Shah Mehmood Qureshi plea hearing
Judge Tahir Abbasi Supra today
heard the bail application of another accused Khan Bahadur along with Asad Umar
and Shah Mahmood Qureshi, a case was registered against the three in
Islamabad's Tarnool police station on the complaint of Sub-Inspector Murtaza
Qamar.
The case is under Sections 353
(assault or criminal force to prevent a public servant from performing duty),
341 (punishment for wrongful restraint), 382 (theft after preparation to
prevent death, injury or was entered. committing theft), 440 (mischief done
after preparation to cause death or injury), 506 (punishment for criminal
intimidation), 109 (punishment for influence if the act was abetted and where
the punishment ), 148 (rioting while armed with deadly weapons), 149 (every
member of an unlawful assembly guilty of an offense committed in a proceeding
against a common object), 186 (public servants obstructing the performance of
public functions), 188 (disobedience) Section 123-A of the Pakistan Penal Code
(PPC) (condemning the establishment of a state and advocating the abrogation of
its sovereignty).
During the hearing, the court
order said, the petitioners' counsel argued that his client was
"innocent" and "falsely implicated" in the case "on
the basis of a fabricated story". The case against them is the result of "malfeasance"
and "ulterior motives on the part of the complainant and the police".
The case against him is "one
of further investigation and enquiry", the lawyer insisted, adding that
the offenses against his clients do not fall under the prohibitory clause of
Section 497 (when granted bail in cases of non-bail able offences). ) Code of
Criminal Procedure (CRPC).
On these grounds, he requested the court to accept the bail pleas to confirm the interim pre-arrest bail already granted to his clients. Countered the arguments and pleaded for dismissal of the bail application.
After listening to the arguments
of the parties, the court reserved its decision on the petitions, after which
Asad Umar inquired when the decision would be issued. To this, Judge Supra
replied that the decision would be pronounced at 3 pm. There's a 4 o'clock
flight, and now I think I'll have to book another flight," Asad Umar
replied, asking for permission to leave early. But the judge told him to be in
court when the verdict was announced. It is necessary.
Ultimately, the court issued its
verdict saying that Bahadur was accused of blocking the Grand Trunk Road along
with 250 to 300 others after the arrest of PTI chief Imran Khan. Reference to
the First Information Report (FIR). The order said that these people are facing
charges of raising anti-state slogans and attacking a police party in violation
of Section 188 of the PPC.
He said that he is working in
compliance with the PTI Chairman's video message as well as the orders of Asad
Umar and Shah Mehmood Qureshi. The mob injured police personnel and also
snatched away anti-riot kits and damaged government vehicles. Regarding these
allegations, the court observed that while freedom of assembly is a right of
every citizen, “these rights are not inalienable. And the State may impose
restrictions on the exercise of these rights in the interest of public
order".
"The exercise of these
rights is subject to certain conditions," the court added. It added that
the protests on May 9 turned "violent" and that "extremely
pre-planned" attacks on law enforcement agencies, the armed forces and
their installations were made during the episode. Attacked in closed"
mode.
"It was not a sudden
provocation and a proper investigation could conclude that how these incidents
were planned," the court said. It observed that in the FIR, Bahadur on May
9. Was accused of taking an active part in the incidents while both PTI leaders
were facing charges of incitement.
"Both of them (Asad Umar and
Shah Mehmood Qureshi) occupying very high party positions in the respective
political party, they definitely had a commanding position," the court
order said. "His tweets and social media messages have also been placed on
record, showing that he instigated and incited his followers to commit such
anti-state processions."
The court concluded that the plea
of alibi by the two leaders also had no bearing on the merits of the case as
they were not facing charges of direct involvement in the case. Meanwhile,
pre-arrest bail "is an extraordinary relief", the court said, adding
that "no specific argument has been made on the part of the police about
the corrupt motive" against the petitioners.
Granting bail at this stage would
hamper the investigation process, the court rejected the bail pleas saying that
the interim pre-arrest bail already granted to the petitioners has also been
withdrawn.
Hearing on the application of Asad Qaiser
Judge Supra today also heard the
bail plea of Asad Qaiser along with five other persons in the case registered
at Sangjani Police Station in Islamabad. Anwar Zeib, Jamshed Mehboob Mughal,
Muhammad Imtiaz and Khalid Mehmood were also involved. The case was under
Sections 395 (punishment for robbery), 324 (attempt to murder), 186, 436 (fire
or explosive substance with intent to destroy house etc.) ), was registered u/s
188 (breach of an order). Sections 341, 342 (punishment for false
imprisonment), 148 and 149 of PPC by Ishtiaq Hussain, Sangjani Station House
Officer.
According to the court order, the
counsel for the petitioners sought bail for their clients, arguing that they
were "falsely implicated" in the case based on a "fabricated
story" and "malfeasance". He argued that the case was the result
of "an ulterior motive on the part of the complainant and the police".
The case against him was "one of further investigation and enquiry"
and the offences against him under Section 497 of the Cr PC. Not covered by the
prohibition clause, argued the lawyer.
Referring to the FIR in the case,
the court said that the accused, along with 300 to 400 other armed men, were
accused of raising anti-state slogans, firing directly at police and Frontier
Corps personnel, attacking police posts, setting fire to vehicles. They were
accused of planting and destroying them. Injuring the complainant and other
policemen, snatching the weapons of the policemen and throwing petrol bombs at
them.
Judge supra in his order in this
case reiterated his observations about the right of assembly and the events of
May 9, and said that the relevant event took place on May 10. "According
to the allegations, KP (Khyber Pakhtunkhwa) A large number of protesters came
to Islamabad from 2016. A proper investigation could lead to the conclusion
that how the incident was planned," the court order read, accusing the
petitioners of leading the procession.
"All of them, being in very
high positions in the political party, certainly held a commanding
position," the court said, adding that it did not grant relief to the plea
of alibi taken by Asad Qaiser and Zeb. Cannot be considered a sufficient basis
for the application they made. "Such an application cannot be entertained
at the time of pre-arrest bail", the court said.
In this case too, the court
termed the pre-arrest bail as an "extraordinary relief" and said that
"no specific case of corrupt motive on the part of the police has been
made" against the petitioners. Held that grant of bail at this stage would
hamper the investigation and dismissed the bail applications, holding that the
pre-arrest interim bail already granted to the petitioners was also withdrawn.
Arrests on May 9
On May 9, after the PTI chief was
arrested in the Islamabad High Court in a corruption case, protests began
across the country. As the protests continued, several government and private
properties, including military installations, were attacked.
The government has held the PTI
responsible for the vandalism and several of its leaders and activists have
been arrested and relevant cases registered against them. Among the IS leaders,
Umar and Qureshi were arrested and later released on 10 May and 11 May
respectively, while Qaiser was never detained.
