ISLAMABAD: A division bench of the Islamabad High Court on Thursday granted post-arrest bail to a cleric accused of threatening Justice Qazi Faez Isa and other judges of the Supreme Court.

The IHC bench comprising Chief Justice Athar Minallah and Justice Aamer Farooq granted the post-arrest bail to the accused against Rs1 million surety bonds.

At the outset of the hearing, Barrister Awais Arshad and Barrister Kabir Hashmi, representing Sarina Isa, the spouse of Justice Isa, opposed the bail.

However, Justice Minallah reminded them that it was a persistent view of the IHC that it was against the principle of fair trial if the name of the Supreme Court was associated against the accused in a criminal case.

The cleric, Mirza Iftik­haruddin, was arrested following the registration of an FIR (First Information Report) on June 29 at the Police Station FIA, Counter Terrorism Wing, Islamabad.

The allegations against the cleric related to uploading of objectionable material.

During the course of hearing, the prosecution admitted that offences, except under Section 7 of the Anti-Terrorism Act (ATA) 1997, fell within the ambit of the non-prohibitory clause.

The court noted that “where offences fall within the non-prohibitory clause, the granting of bail has to be considered favourably as a rule, but may be declined in exceptional cases”.

The court was of the view that the bail could only be refused “where there is likelihood of abscondance of the accused; where there is apprehension of the accused tampering with the prosecution evidence; where there is danger of the offence being repeated, if the accused is released on bail; and where the accused is a previous convict”.

Published in Dawn, August 21st, 2020