ISLAMABAD, Oct 5: The counsel for the cleric arrested in the blasphemy case has filed a petition with the Islamabad High Court seeking clarification about its restraining order to the trial court seized with his bail application.
The district and sessions judge on October 3 stopped proceedings on the bail petition of Khalid Jadoon, the prayer leader of Mehra Jaffer mosque, and directed his counsel to seek clarification from the IHC after it stayed the trial proceedings of the blasphemy case.
Chief Justice of Islamabad High Court Justice Iqbal Hameedur Rehman on September 28, while hearing a petition filed to quash the FIR registered against a minor Christian girl in the blasphemy case, restrained the trial court from proceeding in the matter.
On October 1, the court extended the stay order till October 17.
In the petition, Syed Wajid Gillani, the counsel for Mr Jadoon, requested the IHC to clarify its order and issue directions to the district and sessions judge to decide the bail application of his client.
The petition contended that the bail matter could not be stayed as it was related to the liberty of a citizen. The IHC chief justice would take up the matter on Monday.
Advocate Gillani told Dawn that the court under section 151 of Civil Procedure Code (CPC) can entertain such petitions and decide them accordingly.
He said: “The district and sessions judge had adjourned the bail plea of my client till October 11 and I am quite hopeful that the IHC would clarify the restraining order before the next date of hearing which would enable the trial court to decide the bail application.”
It may be mentioned that the counsel moved the bail application in the trial court after three prosecution witnesses - Qari Owais, Khurram Shehzad and Danish - backtracked from their earlier statements that Mr Jadoon had altered the evidence against the Christian girl.