Islamabad courtroom dismisses ‘public mischief’ case in opposition to retired basic Amjad Shoaib – Pakistan
A district and periods courtroom in Islamabad on Thursday discharged retired Lieutenant Common Amjad Shoaib from a case pertaining to public mischief and inciting the general public in opposition to state establishments.
Shoaib was taken into custody earlier this week after a case was registered in opposition to him at Islamabad’s Ramna Police Station for offences associated to creating public mischief and inciting the general public in opposition to establishments.
The primary info report (FIR), a duplicate of which is obtainable with Daybreak.com, was lodged by Justice of the Peace Owais Khan. It invoked part 153A (selling enmity between totally different teams, and many others) and 505 (statements conducing to public mischief) of the Pakistan Penal Code.
The criticism alleged that the retired basic — in an interview on BOL TV present ‘Imran Khan Bol Kay Saath’ aired on Saturday (Feb 25) — handed statements that “incited the federal government officers and opposition from performing their authorities and authorized duties”.
Following his arrest, Shoaib was remanded in a police custody for 3 days.
The hearing
In today’s hearing, Shoaib’s lawyer Mian Ashfaq said a case couldn’t be filed against his client on the basis of remarks given by him. “This case is bogus.”
Additional Sessions Judge Tahir Abbas Supra conducted the hearing.
The petitioner’s lawyer said his client did not target any community, adding: “He is owning the statement he has given during the TV programme. We are standing by our statement and will utter the same, if we are called again”.
The counsel pointed out that there were around 600,000 army officers and millions of government servants in the country. He said it was tantamount to a “big tragedy” if any one of them [officials] turns up and files a plea claiming he/she has been affected by the statement of a retired officer.
The lawyer argued that the TV programme in question had ended at 11am, claiming that “the entire nation had been sleeping and no one came to lodge any complaint even the next day”.
Shoaib, when allowed to speak, clarified to the judge that he had never supported long marches and sit-ins, saying: “I was talking about history that nothing has ever been achieved from sit-ins and rallies.”
He also denied having met any political leaders.
Following his arguments, Shoaib’s lawyer urged the court to dismiss the case.
The judge asked prosecutor Adnan the reasons for seeking to keep Shoaib behind bars.
The official responded that it was necessary to detain the suspect to investigate the case and conduct a photogrammetric test.
Reportedly, photogrammetry is the science and technology of obtaining reliable information about physical objects and the environment through the process of recording, measuring and interpreting photographic images and patterns of electromagnetic radiant imagery and other phenomena.
“Why didn’t you take him to Nadra for his verification?” the judge asked the prosecutor, who in turn responded that it was the right of an investigator to probe the case.
After hearing arguments, the court took a brief recess before announcing a verdict dismissing the charges filed against Shoaib.
The FIR
The FIR quoted retired Lt-Gen Shoaib as saying that the “Jail Bharo” court arrest movements could not produce the required outcomes because it was only the people who were bearing pain and agony in it, while “narcissist and shameless rulers sitting atop didn’t care the least about it”.
The magistrate, the complainant, stated that the retired army officer had advised the PTI to “work out a strategy”.
“For example, you can stop people from going to government offices in Islamabad,” the FIR quoted Lt-Gen (R) Shoaib as saying.
The complaint said that the retired general’s statement had “tried to create further enmity, anarchy and hatred between the government and the opposition”, adding that Shoaib had passed these remarks “according to a well-thought conspiracy and planning to further weaken the country”.
Subsequently, the complainant asked for legal action to be taken against the retired general for his remarks.
Various politicians including PTI Chairman Imran Khan, former information minister Fawad Chaudhry and ex-senator Mustafa Nawaz Khokhar had condemned Shoaib’s arrested and known as out the federal government for setting a unsuitable custom by arresting individuals on the premise of mere criticism.
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