KARACHI: The federal government on Friday filed an application before a judicial magistrate against the Sindh police’s recommendation to declare as ‘B class’ an FIR against Pakistan Muslim League-N leader retired Captain Mohammad Safdar pertaining to alleged violation of the sanctity of the mausoleum of Quaid-i-Azam Mohammad Ali Jinnah.

The move by the Pakistan Tehreek-i-Insaf government comes against the backdrop of an investigation report filed by the Sindh police last week wherein it declared the case against the PML-N leader as ‘fake’ and recommended its disposal in ‘B’ class.

Police had arrested Capt Safdar, who is the husband of PML-N vice president Maryam Nawaz, on Oct 19 from a hotel where the couple was staying during their visit to Karachi for the opposition Pakistan Democratic Movement’s public gathering held in the city on Oct 18. Later, he was released the same day after getting bail.

The Pakistan Peoples Party-led provincial government had alleged that the federal government forced the Sindh police to arrest him in a bid to create a rift in the PDM.

According to the FIR, Capt Safdar, Maryam and a cohort of their supporters violated the sanctity of the Quaid’s mausoleum by creating a ruckus and chanting fiery political slogans inside. They were also accused of intimidating people.

The arrest sparked a debate on social media that representatives of security agencies had allegedly abducted Sindh police chief Mushtaq Mahar in order to force him to lodge an FIR against Capt Safdar and subsequently arrest him.

On Nov 10, the Inter-Services Public Relations (ISPR) said in a statement that some officials of the Inter Services Intelligence (ISI) and Pakistan Rangers, Sindh, involved in the “Karachi incident” had been removed pending further departmental proceedings for acting “overzealously”.

A day before the ISPR statement, the investigating officer of the case had filed an amended charge sheet before Judicial Magistrate (South) Wazir Ali Memon concluding that neither the complainant of the FIR, Waqas Khan who is a nephew of PTI leader Haleem Adil Sheikh, had joined the investigation nor was the veracity of his claims established during the probe which showed that he was not present at the mausoleum when the alleged offence took place.

The IO and the special public prosecutors after scrutinising the amended charge sheet had recommended to the court to accept the same in ‘B’ (false) class.

But, the court has yet to accept or reject the charge-sheet.

On Friday, Assistant Attorney General Mohammad Ahmed filed an application with the court on behalf of Ghulam Akbar Memon, an officer of the Mazar-i-Quaid Management Board, seeking the court’s direction for the IO to collect evidence from media and social media against the suspects, as “this is a matter of grave violation of sanctity of the tomb/shrine/Mazar-i-Quaid of the national Muslim leader of Pakistan and this is a matter of Shariah”.

He argued that the violation of the sanctity of the grave of the founder of the nation was a sin/transgression in Shariah. “This is not political issue.”

The federal law officer submitted that the (incumbent) magistrate was competent to take cognizance of an offence, if upon considering not only the investigation report filed under Section 173 of the criminal procedure code (CrPC), but also material collected during investigation came to the conclusion that a cognizable offence had been made out.

He said that Pakistanis living within and outside the country were raising questions about such a violation of the sanctity/holiness/esteem/spirituality, thus an offence had been committed by the suspects nominated in the FIR.

He argued that the film or video footage of the offence had gone viral on the local and international media, which was objectionable and answerable by the state.

He added that the negative CDR (call data record) report of the mobile phone of the complainant (Waqas Khan) did not make a valid ground, as he was not present at the place of the occurrence of the alleged offence, but under the law any person could lodge a complaint and could inform the local police about an offence.

He argued that under Article 164 of the Qanun-i-Shahadat Ordinance, 1984 the production of the evidence had become available because of modern devices and in such cases the court may allow production of such evidence that may be possible because of the availability of the modern devices or technology.

Secondly, the counsel contended that Article 227 of the same law relating to the Quran and Sunnah is very clear about the sanctity of a grave according to Shariah and the Quran/hadith.

He stated that an investigation under the CrPC had to be completed, without any unnecessary delay and as soon as it was completed the officer in charge of the police station concerned shall submit the police report to the court through the public prosecutor.

The federal law officer pleaded to the court to direct the IO of the case to submit a charge sheet against the nominated suspects.

He also pleaded to the court to decide the matter on merit.

Published in Dawn, November 14th, 2020