ISLAMABAD: The Islamabad High Court (IHC) on Thursday granted post-arrest bail to Awami Muslim League (AML) chief Sheikh Rashid Ahmed in an FIR registered against him over a statement that former president Asif Ali Zardari had allegedly hatched a conspiracy to kill Pakistan Tehreek-i-Insaf (PTI) chief Imran Khan.
Justice Tariq Mohsin Akhtar Kayani allowed the post-arrest bail to Sheikh Rashid against surety bonds of Rs50,000.
Salman Akram Raja and Sardar Abdul Raziq, the AML chief’s counsel, contended that he had been framed in this case.
Offences under Sections 120-B (criminal conspiracy) and 153A (promoting enmity) of the Pakistan Penal Code are bailable, whereas an offence under Section 505 (statements conducing to public mischief) requires further probe and the allegation should have been proved during the course of investigation.
Advocate General of Islamabad Barrister Jahangir Khan Jadoon opposed the post-arrest bail on the ground that the language used by the petitioner (Sheikh Rashid) was unbecoming of a minister and parliamentarian.
He said Mr Rashid never disowned his statement and was, in fact, repeating it consistently. He argued that freedom of expression had some limitations. He suggested, however, that if the accused gave an undertaking that he would not repeat his words, the court could take up his bail request.
The court observed the allegations against Rashid were that he alleged in a television programme that Mr Zardari was involved in a conspiracy to “eliminate Imran Khan through hired assassins”.
Justice Kayani noted that “a tentative assessment of record reflects that Section 153A PPC deals with promoting enmity between different groups or to create hatred or ill-will among different entities”, while Section 120-B PPC deals with criminal conspiracy. Both the offences are bailable.
Counsel for Sheikh Rashid read out the definition clause of Section 505 PPC, where the prosecution has to satisfy the court about the intention and ill-will of an accused.
“The allegations referred to in the complaint could only be resolved during the course of trial…As such a petitioner is no more required for the purpose of investigation if police have completed the investigation,” observed Justice Kayani.
“Even otherwise, it is a settled law that the ultimate conviction and incarceration of a guilty person can repair the wrong caused by a mistaken relief of interim bail granted to him, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case,” the judge noted.
The court accepted the bail petition of the accused against surety bonds worth Rs 50,000.
The investigation officer told the court that the prosecution had obtained a transcript of Sheikh Rashid’s statement from the Pakistan Electronic Media Regulatory Authority.
Rashid stated Imran Khan himself had told him that Asif Zardari was involved in a plot to “assassinate me”.
However, the accused didn’t provide any evidence to substantiate his claim.
Published in Dawn, February 17th, 2023
