26 November 2004	Friday	13 Shawwal 1425

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ISLAMABAD, Nov 25: The Lahore High Court Rawalpindi Bench on Thursday summoned the entire record of the trial court that jailed President Alliance for Restoration of Democracy Makhdoom Javed Hashmi for 23 years.

Justice Akhtar Shabir while hearing an appeal and bail application of Javed Hashmi served a notice on the state and summoned the entire record of the trial court. The next date of hearing will be decided later.

Session Judge, Islamabad, Chaudhry Asad Raza, who tried Mr Hashmi at Adiala Jail, Rawalpindi, had sentenced him to 23 years rigorous imprisonment on April 12, 2004 for abetting mutiny.

Mohammad Akram Sheikh, the counsel for Javed Hashmi, argued before the court that the findings recorded by the trial court against Mr Hashmi were based solely on surmises and conjectures than sound legal basis.

He said a case against the appellant could not have been registered on an incident taking place within the precincts of the National Assembly except by the speaker National Assembly who was designated as custodian of the house.

Under the rules, nobody except the speaker was competent to take cognizance or initiate action, therefore, the entire transaction of registration of case, arrest of the appellant, his custody, alleged torture and subsequent trial was the gravest encroachment on the functioning of parliament and the speaker, he stated.

It is a settled legal position that the cafeteria of the National Assembly is an integral part of the house and what is said and done there is privileged within the meaning of Article 66 of the Constitution, he said, adding that immunity to a member of the National Assembly was absolute.