LAHORE: A two-judge bench of the Lahore High Court on Wednesday granted post-arrest bail to fashion designer Khadija Shah in two May 9 cases, including attacks on the Jinnah House and Askari Tower.
Headed by Justice Aalia Neelum, the bench said a speedy trial was the suspect’s right. It said the petitioner had been behind bars since her arrest on May 25 and her further incarceration would not serve any useful purpose for the prosecution.
The bench, which also included Justice Asjad Javed Ghural, issued two separate verdicts on as many bail petitions Ms Shah filed through Advocate Sameer Khosa.
The bench observed that the petitioner was not nominated in both FIRs as one of the protesters leading the PTI’s protest rally. It said the investigating officer did not recover any material to connect Ms Shah with putting Jinnah House and Askari Tower on fire.
Besides, no prosecution witness alleged that the petitioner was among the protesters who set the buildings on fire or she was leading the protest.
It said reports were still awaited to prove an allegation of the prosecution that the petitioner posted tweets to entice and motivate public against state institutions. However, she did admit that one controversial tweet was uploaded but subsequently deleted through her Twitter account, the bench said.
The petitioner in her subsequent tweet asked for an apology, it added.
The bench said a request for CCTV footage was made to the safe city authority, but the reports are not available yet.
The bench observed that the state is like a mother and one should be given a chance if he/she commits a mistake and apologises.
In these circumstances, the bench said prima facie the prosecution case against the petitioner falls under the ambit of further inquiry.
The bench remarked that the trial court would see the vicarious liability of the petitioner, as alleged by the prosecution, after recording the evidence.
Published in Dawn, October 19th, 2023
