Verdict suspended: Waheeda Shah granted bail, avoids conviction

A summary trial by Returning Officer Asghar Ali Siyal had imposed a penalty of Rs1,000 on Waheeda Shah.

HYDERABAD:

Additional and Sessions Judge, Shahid Pervez Memon, suspended the verdict of the summary trial hearing Pakistan Peoples Party MPA-hopeful Waheeda Shah’s case on Monday.

Shah was also granted bail worth Rs100,000 a day before her imminent imprisonment.

The summary trial, conducted by Returning Officer Asghar Ali Siyal, had imposed a mere Rs1,000 penalty, in accordance with election laws. Shah had been ordered to pay the fine within seven days or face a day’s incarceration.

“Either way – by paying the penalty or through brief imprisonment – she faced disqualification from holding public office,” her counsel Advocate Nisar Durrani admitted while talking to the media outside the courtroom.

Clad in a burqa, Shah visited the session court twice on Monday, which was the last day for her to pay the fine, failing which she was to go to prison. By neither paying a fine nor facing a day of jail time and instead paying bail, Shah has effectively managed to avoid conviction.

Although she was ostensibly forgiven by the two women she slapped at the polling station, Siyal, on the directives of the Election Commission of Pakistan (ECP) had registered an FIR against her. Later, Siyal was also ordered to conduct her summary trial and pass the order.

Shah’s counsel, however took exception to the returning officer’s participation in the trial, saying, “How can a complainant in the FIR conduct the trial?” before the judge. Durrani also contended that no evidence has surfaced to substantiate the allegations against his client, although video footage of the assault is available.

Published in The Express Tribune, March 13^th, 2012.