The Supreme Court has granted bail to five suspects nominated in a case of May 9 violence registered in the New Town police station of Islamabad.
A three-judge bench of the Supreme Court, headed by Justice Jamal Mandokhel and comprising Justice Hassan Azhar Rizvi and Justice Musarrat Hilali, expressed displeasure at the police and the prosecution. Justice Mandokhel asked if holding a rally or being a worker of a political party was a crime. He remarked that this problem had been caused by imposing restrictions on student unions and political parties.
“Should a former prime minister be considered a traitor based on the statement of a head constable?” the judge further asked.
Justice Rizvi asked what the evidence was against the suspects and if they were identified from the CCTV footage. The investigation officer replied that the protesters had broken the cameras of the Hamza camp and other spots.
Justice Mandokhel remarked that this meant there was no evidence against the suspects and only police statements, asking why the terrorism provisions were added to the case.
The Punjab government lawyer replied that the suspects attacked the ISI camp. Justice Mandokhel said that the lawyer didn’t know what terrorism was. “Terrorist attacks took place in the Army Public School Peshawar and the Quetta court,” he remarked, asking since when did taking out rallies constitute terrorism.
The government lawyer argued that petrol bombs were recovered from the suspects, and they were also alleged to have resorted to firing. On being asked who brought the petrol bombs, the lawyer said this aspect did not come up in the investigation, and a head constable of the Special Branch Lahore was also a witness.
“The incident is from Rawalpindi and the witness is from Lahore,” Justice Mandokhel remarked, asking if burning tyres against the government was a big crime.
The judge then admonished the administration that they did not apprehend the real terrorists, but were after those taking out rallies.
The investigating officer said the suspects attacked sensitive institutions as part of a conspiracy against the arrest of their leader.
“If the conspiracies of the real terrorists are caught, there will be no martyrs,” Justice Rizvi remarked.
“The government and the state are like parents for the people. Even if parents slap their children, they can later pacify them but not kill them,” Justice Mandokhel remarked, adding that detaining everyone is not the solution to the problem.
“There is no evidence except the police testimony,” Justice Rizvi said.
The investigating officer told the court that a case had been registered against the suspects, and then they were arrested on the spot.
Justice Mandokhel asked how the names of the suspects were known before the arrest, adding that the police destroyed the case itself.
Lawyer Sardar Abdul Razzaq argued that the suspects were shutting down their shops and going home when they were stuck on the way.
Justice Hilali remarked that in the FIR, there was no mention of the attack on the ISI office, adding that there could be many sensitive installations.
Justice Mandokhel said the investigating officer is cooking up stories.
The court accepted the bail of the suspects in exchange for Rs50,000 each. The suspects, including Owais, Saifullah, Nasrullah, Kamran and Waqas, were accused of vandalism and attack at Hamza camp.
