A division bench of the Supreme Court of Pakistan has granted post-arrest bail to an accused, detained in jail for more than four years, allegedly involved in using highly derogatory language against God, prophets and Islam on social media.
The bench, led by Justice Umar Ata Bandial, heard the case at the Supreme Court's Lahore registry. It rejected the arguments of the complainant’s counsel, such as the plea to discourage such pleas which, according to him, are increasing day by day merely to get asylums abroad.
However, the bench granted a post-arrest bail to Qamar Aqash after the case against him could not be established to the extent of the bail.
Earlier, the bench asked how the trial could not be concluded despite the fact that the accused person had been in jail for more than four years.
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At this, the complainant’s counsel Ghulam Mustafa Chaudhry argued that the delay was on the part of the accused person, saying several miscellaneous applications had been filed on his behalf.
Secondly, he added, the counsel of the accused was not willing to appear before the trial court and all-out efforts were made to linger on the matter.
Chaudhry went on to say that the session court had dismissed the post-arrest bail and then the accused met the same fate at the Lahore High Court.
He termed it a matter of the Federal Investigation Agency (FIA) cybercrime, which booked the accused on November 22, 2017 and then arrested him.
The counsel further implored that the accused uploaded and shared a lot of posts wherein he had used highly derogatory language against God, prophets and Islam, in general.
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"The forensic report also confirmed that the material was shared from the mobile of the accused and the investigation agency recovered all relevant material from the possession of the accused person," he added.
Chaudhry also told the court that over 40 cases of such nature were being heard at the sessions courts and the incidents of blasphemy were increasing day by day.
“If we do not discourage such incidents, these will only increase,” the counsel argued. "The accused is liable to face the death penalty.
On the other hand, the counsel for the accused told the court that a concocted story was woven against his client and that he had been detained in jail for over four years despite that he had nothing to do with it.
He argued that the accused was implicated in the forged case so he could be humiliated. No evidence is available which could prove the case, he maintained.
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