Retired normal Amjad Shoaib remanded in police custody for 3 days for ‘inciting hatred in opposition to establishments’ – Pakistan
An Islamabad district and periods court docket on Monday granted the police a three-day remand of defence analyst and retired Lieutenant Common Amjad Shoaib, following his arrest after a Justice of the Peace registered a case in opposition to him on fees of inciting the general public in opposition to state establishments.
The primary info report (FIR), a replica of which is offered with Daybreak.com, was lodged on the Ramna police station by Justice of the Peace Owais Khan a day in the past. It invokes part 153A (selling enmity between totally different teams, and so on) and 505 (statements conducing to public mischief) of the Pakistan Penal Code.
The grievance mentioned that the retired normal — 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, the retired lieutenant normal was introduced within the court docket of Judicial Justice of the Peace Abbas Shah the place Ramna police station’s investigation officer (IO) and Prosecutor Adnan had been additionally current.
The authorized crew representing the retired normal — comprising Advocate Mudassir Khalid Abbasi, Islamabad Bar Affiliation President Advocate Qaiser Imam and Advocate Riyasat Ali Azad — had been additionally in attendance.
Towards the prosecution’s request for a seven-day bodily remand, the court docket granted the police a three-day bodily remand of Lt-Gen (R) Shoaib and issued directives for him to be produced earlier than the court docket on March 2.
The hearing
At the outset of the hearing, the IO requested a seven-day physical remand of Lt-Gen (R) Shoaib. The prosecutor then read out the text of the complaint filed against the retired general.
“Lt-Gen (R) Shoaib was present as a guest on a private television [channel]. Hatred was spread against the government through his statement. Through his statement, it was attempted to cause hatred between the government, opposition and government officials,” he read the complaint.
The prosecutor further said, “The relations between the opposition and the government are not well; they were incited through the statement.
“The opposition is being incited to employ a stricter strategy against the government. Through Lt-Gen (R) Shoaib’s statement, hatred is being spread between three factions,” he added.
“As per the sections imposed on Lt-Gen (R) Shoaib, a sentence of five years can be given,” prosecutor Adnan said.
He said a photogrammetric and a voice matching were required to be conducted of the retired general, adding that the photogrammetric test will be done in Lahore.
At this point during the hearing, Lt-Gen (R) Shoaib’s counsel Abbasi opposed the grant of the physical remand and requested for his client to be discharged from the case.
Advocate Abbasi said, “The court has to see whether Lt-Gen (R) Shoaib even committed a crime or not. If the magistrate thinks the suspect has not committed any offence, then [Lt-Gen (R) Shoaib] can be discharged from the case.”
He argued that the sections registered in the case were “not even applicable” as Lt-Gen (R) Shoaib had “only given an example regarding a specific situation”.
Abbasi asked, “Did Lt-Gen (R) Shoaib say something on which the law has imposed a restriction?” He asserted his client had “till today, not said anything that would harm the country”.
Deeming his client’s statement “constructive criticism”, the counsel said, “The case has been filed on political bases only.”
He added, “Lt-Gen (R) Shoaib is almost 80 years old and is being harassed for a long time. He was sent behind bars within an hour of filing the case.”
Imam, another member of Lt-Gen (R) Shoaib’s defence team, said his client had acknowledged giving the said statements on the TV channel. “If he has admitted his statement and presence [on the TV show], then why does a photogrammetric and voice matching test need to be done?” he asked.
Upon this, the prosecutor said, “The evidence of voice matching and a photogrammetric test is necessary for the trial.”
At one point, the retired general’s counsel said “the arrests of [only] two institutions’ officials had been pending,” adding that “the next arrest could perhaps be of a member of the judiciary.”
Following the conclusion of the arguments from both sides, the court reserved its verdict.
The FIR
The FIR quoted Lt-Gen (R) 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 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) Shoaibas 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 Lt-Gen (R) 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.
Condemnations
Former prime minister Imran Khan condemned the arrest, saying that “democracy and freedom” were being “totally destroyed in the country to save regime change conspiracy’s fascist order of cabal of crooks propped by handlers”.
He urged every Pakistani to “stand up for Haqeeqi Azadi and save the country from the abyss”.
PTI Vice President Fawad Chaudhry said nothing would be gained from the arrest except “hatred and anxiety”.
“The arrest of such a senior military general for mere criticism is a very wrong tradition,” he said, adding that Shoaib should be released.
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