Court acquits Waqar Zaka in 2018 sheesha possession case, terms charge 'groundless'

Says police booked the accused just to meet number game

A Karachi court acquitted TV personality Waqar Zaka in a 2018 criminal case after finding the prosecution's case to be "groundless", ruling that there was no probability of his conviction due to serious shortcomings in the investigation.

According to an order issued by Judicial Magistrate-XXII (South) dated January 11, 2019, Makhdoom Faiq Hussain, the case stemmed from a case registered at Clifton Police Station under Sections 269 and 278 of the Pakistan Penal Code.

The defence had sought Zaka's acquittal under Section 249-A of the Criminal Procedure Code, arguing that police had alleged he was smoking sheesha while sitting in his silver Toyota Surf, but had failed to substantiate the allegations.

The order noted that "no independent witness has been made by the police" despite the alleged recovery and observed that the case property "was never sealed and not sent to a chemical examiner to establish whether it is hazardous to human health or not."

After reviewing the record, the court identified multiple deficiencies in the prosecution's case.

"No chemical examiner's report is there," the order states, adding that although the challan mentioned that statements of witnesses had been recorded under Section 161 CrPC, "perusal of police file shows that only computerized stereotyped copies are there, though the Investigating Officer was required to write statements at his own."

The court further criticised the handling of the alleged evidence, observing that "the case property was not sealed."

The court order further read, "It seems that police has booked applicant/accused, just to meet number game and nothing else."

Concluding that the prosecution had failed to establish even a prima facie case, the magistrate ruled, "The charge is groundless, and this Court does not find it to be probable that the accused would be convicted."

The court subsequently acquitted Waqar Zaka of the charge, cancelled his bail bond and discharged his surety.

Earlier in November 2018, Zaka was taken into custody and charged with possession of sheesha. Zaka later took to Twitter and clarified he was not arrested for possessing alcohol, neither was he under the influence of any other substance.

"I don't know what's happening, or what is being aired on news," the TV host was seen stating in a two-minute long video on his Twitter handle. "What have I done? What kind of substance have I taken? There's news that non-local alcohol has been found in my car. Kindly, read the FIR filed with the police. If you can't read it, please find someone who can."

https://twitter.com/ZakaWaqar/status/1064438718570868737

Zaka was arrested under the charges of possession of sheesha or hukkah. He added, "If you have sheesha in your home or car - irrespective if you're using it or not- you will be taken into custody by the police. Since I had sheesha in my car, I wasn't even using it, the police took me in custody and informed me that an FIR will be filed."

Zaka further added that upon his inquiry, he was informed that just the possession of sheesha makes him liable for arrest.

PHOTO: THE EXPRESS TRIBUNE

"The news circulating has no truth to it. I didn't have alcohol with me. There's no news of anything related to all my work in Burma or Syria, but this had to be made into headlines," said an aggravated Zaka. "If you still don't believe me, then visit the police station and inquire whether I was under any sort of influence."

He added that instead of sensationalising his arrest, awareness should be spread that an FIR could be filed against you if you own a sheesha.

Zaka then shared a copy of his FIR and asked the chief justice to take action.

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