• Grants bail to two in Lahore corps commander’s residence, Askari Tower attack cases
• ATC denies bail to some, grants reprieve to others in May 9 incidents
LAHORE: The Lahore High Court (LHC) on Wednesday reserved its decision on post-arrest bail petitions of the fashion designer Khadija Shah in Jinnah House and Askari Tower attacks during the May 9 protests.
However, the two-judge bench, headed by Justice Aalia Neelum and also including Justice Asjad Javed Ghural, approved bail for two other individuals, Rubina Khan and Qasim, each subject to surety bonds of Rs100,000.
At the outset of the hearing, Justice Aalia Neelum asked the prosecution whether Ms Shah was nominated in the FIRs.
Justice Neelum was heading the two-judge bench, which also included Justice Asjad Javed Ghural.
Special prosecutor Syed Farhad Ali Shah said Ms Shah was not nominated in the FIRs, but she was identified by the prosecution witnesses in the identity parade.
He said Ms Shah was accused of inciting people against the state and chanting objectionable slogans during the violent protests and kept posting videos and photos of the protests on social media.
The judges asked the prosecutor what was illegal in the statements of the petitioner. “Is it illegal to allege that the dignity of mothers and sisters is not protected?” Justice Neelum asked the prosecutor.
She wondered whether there was any video evidence to prove that Ms Shah vandalised and torched Askari Tower in Gulberg.
The prosecutor said it was not the case of the prosecution against the petitioner. He said the main allegation was inciting the public, which led to the riots and attacks on May 9.
Justice Neelum observed that holding protests on the call of a political leader was a norm in society. “The government cannot prevent citizens from holding peaceful protests,” the judge said.
Advocate Sameer Khosa, Khadija Shah’s counsel, argued that the police arrested her without any evidence and purely on political grounds.
He said the petitioner was a mother of three children, including the youngest one aged five years who direly needed mother care. Mr Khosa said all the charges against Ms Shah were false as she was not involved in any illegal activity or violence. He asked the court to allow the petitions and release the petitioner on bail.
The LHC bench also reserved its verdict on a bail petition of Arbaz Khan, who was arrested on the charge of stealing a gas cylinder from the Jinnah House during the May 9 protests.
Former MNA’s bail plea dismissed
Meanwhile, an anti-terrorism court (ATC) on Wednesday dismissed the post-arrest bail petition of former MNA Rubina Jamil in a May 9 case in which she faces charges of torching police vehicles near Rahat Bakery Chowk in Cantonment.
However, Judge Arshad Javed granted bail to PTI social media activist Sanam Javed in the same case. The judge also allowed bail to suspects Syed Faisal Akhtar, Umair, Afshan Tariq and Ali Hassan.
Both Ms Jamil and Ms Javed are on judicial remand in other cases as well.
Published in Dawn, October 12th, 2023
