A district and sessions court in Islamabad on Thursday ordered the immediate release of Lieutenant General (retd) Amjad Shoaib, dismissing a case regarding public mischief and inciting rebellion within institutions registered against him.
In its decision, the court nullified the three-day physical remand of Lt Gen (retd) Shoaib, saying: "There was no corroborated evidence to prove the charges for remand."
Lt Gen (retd) Shoaib was arrested after an Islamabad magistrate registered a case against him on charges of inciting the public against institutions and the government.
According to police sources, Shoaib, a defence analyst, was arrested from his residence after a first information report (FIR) was filed at the Ramna police station by Magistrate Owais Khan.
The complaint was lodged under sections 153A and 505 of the Pakistan Penal Code, which pertain to promoting enmity between various factions and statements inciting public mischief, respectively.
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The FIR maintained that in an interview with a private news channel, Lt Gen (retd) Shoaib made comments that “incited government officials and opposition from performing their government and legal duties”.
Additional Sessions Judge Tahir Abbas Supra reserved the verdict after hearing the arguments of the parties. Lt Gen (retd) Shoaib was produced before the court after completion of his two-day physical remand.
During the hearing, Lt Gen (retd) Shoaib's lawyer maintained that the case against him did not fall under Section 505 of the Pakistan Penal Code (statements inciting public mischief).
He added that the fuss created was related to conducting provincial by-polls and the Supreme Court had given its decision on the matter.
The lawyer said that if the decision was made earlier, the arrest would not have occurred.
The lawyer requested that the former general be discharged from the case, however, the prosecutor opposed the move.
Subsequently, the court ordered the immediate release of Lt Gen (retd) Shoaib.
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