ISLAMABAD: Observing that the case against former senator Faisal Raza Abidi was nothing but presumption, the Anti-Terrorism Court (ATC) of Islamabad acquitted him from the charges of using abusive language and ‘terrorising’ ex-chief justice of Pakistan (CJP) Mian Saqib Nisar.

In its detailed order released on Saturday, ATC Judge Shahrukh Arjumand noted: “Seriousness of charge by itself cannot absolve prosecution from its basic responsibility and a person cannot be convicted on presumptive grounds.”

The court observed that the investigation officer never recorded or tried to record the statement of Justice Nisar who was the aggrieved person.

The Secretariat police booked Mr Abidi on Oct 9, 2018, for allegedly making derogatory remarks, terrorising and pressuring the ex-CJP through an interview aired on a private television channel.

As per the challan submitted by the police to the ATC, Mr Abidi used insulting language against the Justice Nisar saying he took oath under the Provisional Constitution Order (PCO) and after admitting his fault left the bench.

Issues detailed judgement in the case against ex-senator

“The chief justice of Pakistan is a traitor and if a case is opened then he will be hanged at D-Chowk. Saqib Nisar, the chief justice of Pakistan, has not played a neutral role.”

Special Public Prosecutor Chaudhry Shafqat Hussain submitted that the accused had targeted the top most adjudicator of the country in order to put pressure so as to get a favourable decision.”

On the other hand, the defence counsel contended that the police did not obtain mandatory permission from the federal or provincial government before registering the case against the ex-senator.

He said the interview did not terrorise any person and Mr Abidi could exercise his right of freedom of speech.

Besides, being a citizen of Pakistan, he could bring into notice of the Supreme Judicial Council any complaint regarding the misconduct of any judge.

The ATC judge in the order noted that Advocate General Islamabad Tariq Mehmood Jahangiri was a potential witness but he was not suggested as a prosecution witness.

The judge pointed out that though Khadim Hussain Rizvi of Tehreek-i-Labbaik Pakistan (TLP) and some activists of the PPP and the PML-N had used similar language against the then CJP, the complainant in the case, assistant sub-inspector Shaukat Mehmood, did not lodge a complaint against them.

Referring to the cross-examination of the prosecution witnesses, the court noted that not a single witness had stated that they got terrorised after watching the interview.

The judge added: “The investigation officer also has not brought on record cogent material to prove the allegations of waging war along with causing serious coercion/intimidation to chief justice of Pakistan in order to stop him from discharging lawful duties.

No attempt has been made by the investigation agency to bring the stance of aggrieved person on record either in oral or written form.”

Subsequently, the court declared: “Taking stock of above observations, it is held that prosecution remained unsuccessful in proving its case against accused in un-equivocal terms.”

Regarding the co-accused in the case - Ahsan Saleem and Hans Masroor of the web television channel - the court said the prosecution did not produce any evidence against them.

Shanzy Sheikh, the anchorperson of the private TV, who did not join the trial proceedings, however, was declared a proclaimed offender.

The court issued perpetual warrants for her arrest and kept the matter pending till her surrender.

Published in Dawn, May 5th, 2019