Attending political rally not crime: SC

Apex court grants bail to five people booked for May 9 acts of vandalism

ISLAMABAD:

Granting post-arrest bail to five people accused of committing acts of vandalism in the wake of May 9, 2023 arrest of former prime minister Imran Khan, the Supreme Court has noted that it is not a crime to participate in a political rally.

A three-member bench led by Justice Jamal Khan Mandokhail and comprising Justice Hasan Azhar Rizvi and Justice Mussarat Hilali on Wednesday took up bail applications of the accused nominated under various laws including the Anti-Terrorism Act (ATA), 1997 for vandalizing Hamza Camp in Rawalpindi.

During the proceedings, Justice Mandokhail asked authorities as to whether they were aware of the circumstances under which charges of terrorism could be added to a first information report (FIR).

“Recently, an incident of terrorism occurred in which officers were martyred [in North Waziristan]. The attack on Peshawar’s Army Public School was an act of terror. The suicide attack on lawyers in Quetta [some years back] was an act of terror.

Taking exception to booking the accused under the ATA, 1997, the judge said: “Play your political game in the political arena. Don't fight political battles in the courts. The relevant section [of the ATA. 1997] cannot be applied unless firearms are involved."

Justice Rizvi noted that the offense of obstructing a government officer in the discharge of his duties has also been applied, the punishment for which is two years.

He said: “All witnesses are police officers, there is no independent witness. The testimonies of police officers are of general nature; there is no video evidence."

Justice Hilali remarked that police officers can also be witnesses, but they must present evidence.

When the accused's lawyer stated that the suspects have no affiliation with any political party, Justice Mandokhail asked if it is a crime to have an affiliation with a political party. “We imposed restrictions on political parties and student unions, which is why we have reached this point."

He said the state is like parents. When parents get angry, they forgive their children after slapping them once or twice. “What will be achieved by shutting everyone down? Besides, a year has already passed [since the arrest of the accused],” he said.

Justice Mandokhail asked the prosecution if the authorities were given a pre-existing list to nominate people after the rioting incidents.

When the investigating officer stated that the nominated accused had participated in the rally staged after the arrest of Imran Khan on May 9, Justice Mandokhail questioned if participating in a rally is a crime.

Justice Rizvi asked the prosecution why they included sections related to conspiracy in the FIR.

The investigating officer replied that a head constable from the Special Branch, stationed on duty at Jinnah Park in Lahore—the residence of PTI chief Imran Khan—had testified that conspiracy for May 9 incidents was hatched there.

Justice Jamal Khan Mandokhail questioned, "Should we believe the testimony of just one head constable that a former prime minister is a traitor?" Justice Rizvi asked, "Has the conspiracy of the recent check posts' bombings been uncovered?"

Justice Mandokhel noted that the court appreciates the sacrifices of law enforcement agencies. However, the system should be allowed to function.

The Supreme Court later granted bail to the suspects by accepting their bail requests in exchange for surety bonds of Rs50,000 each.

The court noted that the trial court should not be affected by the comments made during the bail proceedings. If individuals are not involved in any other crime, they should be released on bail, it said.

The FIR, filed at Rawalpindi's New Town Police Station, named suspects Owais, Nasrullah, Saifullah, Kamran, and Waqas in connection with the May 9 rioting incident.